{
    "case_number": "CAC-UDRP-107281",
    "time_of_filling": "2025-01-31 14:23:39",
    "domain_names": [
        "bouyguesconstructionuk.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "BOUYGUES"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "LUC  JAMES"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a diversified group of industrial companies founded in 1952 by Francis Bouygues. The Complainant operates in four different fields: construction, energy and services, media and telecommunications. The Complainant employs around 32.500 employees, operates in 80 countries and generated a net profit of 56 billion Euros in 2023.&nbsp; One of the Complainant's subsidiaries is Bouygues Construction, which is a world player in the construction field.<\/p>\n<p>The disputed domain name was registered on January 29, 2025 allegedly by an individual with address in France. The disputed domain name resolves to a parking page with sponsored links. The Respondent has set up mail exchange (\"MX\") records on the disputed domain name.<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>",
    "no_response_filed": "<p>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.&nbsp;<\/p>\n<p>In particular, the Complainant maintains that the disputed domain name is confusingly similar to its BOUYGUES CONSTRUCTION mark as it fully incorporates this mark. The addition of the letters \"uk\", which stand for \"United Kingdom\" reinforces the risk of confusion as this abbreviation refers to the Complainant's subsidiary's activities in the United Kingdom.<\/p>\n<p>The Complainant further affirms that the Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent is not affiliated with, nor authorized by, the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with, the Respondent. The Complainant did not authorize the Respondent to make use of its BOUYGUES CONSTRUCTION mark, or to apply for the registration of the disputed domain name. Moreover, the Respondent is not identified by the disputed domain name in the Whois database and does not appear to be commonly known by the disputed domain name. The disputed domain name resolves to a parking page containing sponsored links. This use of the disputed domain name does not amount to a bona fide offering of goods or services, or to a legitimate noncommercial or fair use.<\/p>\n<p>Lastly, the Complainant maintains that the Respondent has registered and is being using the disputed domain name in bad faith.&nbsp; Prior UDRP Panels have recognized that the Complainant's trademark BOUYGUES CONSTRUCTION is well-known. Given the distinctiveness and reputation of the Complainant's trademark it is reasonable to infer that the Respondent registered the disputed domain name with full knowledge of the Complainant's mark. Moreover, the disputed domain name resolves to a parking page containing commercial links. Therefore, in the Complainant's view, the Respondent has attempted to attract Internet users for commercial gain to its own website through the exploitation of the Complainant's mark for its own commercial gain, which is evidence of use in bad faith. Finally, the Complainant points out that the disputed domain name has been set up with MX records, which suggests that it may be actively used for e-mail purposes. This is also indicative of bad faith, as any e-mail use of the disputed domain name cannot be for a good faith purpose.&nbsp;&nbsp;<\/p>\n<p>The Respondent did not file any administratively compliant Response.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>",
    "no_rights_or_legitimate_interests": "<p>The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
    "bad_faith": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>",
    "procedural_factors": "<p>The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Angelica Lodigiani"
    ],
    "date_of_panel_decision": "2025-03-02 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the following trademarks:<\/p>\n<p>- BOUYGUES CONSTRUCTION, International registration No. 732339, registered on April 13, 2000 for services in class 37 and designating numerous countries worldwide;<\/p>\n<p>- BOUYGUES CONSTRUCTION, European union registration No. 001589159, registered on May 16, 2001 for services in class 37.<\/p>\n<p>Moreover, through its subsidiary, Bouygues Construction, the Complainant also owns the domain name &lt;bouygues-construction.com&gt;, registered on May 10, 1999.&nbsp;<\/p>",
    "decision_domains": {
        "bouyguesconstructionuk.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}