{
    "case_number": "CAC-UDRP-107829",
    "time_of_filling": "2025-08-06 14:09:27",
    "domain_names": [
        "bouyguesconstrucstionsuk.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "BOUYGUES"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Alex Vare"
    ],
    "respondent_representative": null,
    "factual_background": "<p><\/p>\n<p>The Complainant is a prominent French company which has been engaged since its foundation in 1952 in a diversified range of activities in over 80 countries, namely in construction, energies and services, media and telecoms. One of its subsidiaries, Bouygues Construction, is a prominent world player in the construction industry.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>As well as its registered trademarks referred to above, the Complainant also owns a portfolio of domain names including &lt;bouygues-construction.com&gt; that it uses in its business and which contain the BOUYGUES CONSTRUCTION trademark and resolve to websites that also include its well-known trademark.<\/p>\n<p>&nbsp;<\/p>\n<p>It has recently come to the notice of the Complainant that on August 4, 2025, many years after the Complainant acquired its aforesaid trademark rights, the Respondent registered the domain name &lt;bouyguesconstrucstionsuk.com&gt; (\"the Disputed Domain Name\") which includes the BOUYGUES CONSTRUCTION trademark in its entirety, to which has been added the letter \"s\" twice, and which the Respondent has caused to resolve to a parking page which contains nothing other than a promotion for hosting by Hostinger. This domain name and the parking page to which it resolves pose a very concerning threat to the Complainant&rsquo;s business and the BOUYGUES CONSTRUCTION trademark and brand. That is so because it would give rise to a likelihood of confusion in the minds of internet users between the BOUYGUES CONSTRUCTION trademark and the contents of the resolving webpage and any future use that might be made of them. In particular, the Complainant is concerned that the inclusion of the letters \"uk\" in the Disputed Domain name reinforces the risk of confusion, as it refers to the Complainant's subsidiary's activities in the United Kingdom.<\/p>\n<p>Such a use cannot give rise to a right or legitimate interest on the part of the Respondent in the Disputed Domain Name.<\/p>\n<p>The Disputed Domain Name has also been registered and used in bad faith.<\/p>\n<p>The Complainant has therefore brought this proceeding to obtain a transfer of the Disputed Domain Name and thus the cessation of the improper use to which the Respondent has put it.<br \/><br \/><\/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><\/p>\n<p>COMPLAINANT:<br \/><br \/>The Complainant made the following contentions.<br \/><br \/>(i) The Disputed Domain Name is confusingly similar to a trademark or service mark in which the Complainant has rights.<br \/><br \/>The Complainant owns the trademarks for BOUYGUES CONSTRUCTION set out above and which were registered several years before the Respondent registered the Disputed Domain Name, which was on August 4, 2025.<\/p>\n<p>The Disputed Domain Name &lt;bouyguesconstrucstionsuk.com&gt; incorporates the Complainant&rsquo;s BOUYGUES CONSTRUCTION trademark in its entirety and merely adds the letter \"s\" twice and the letters \"uk\" signifying the United Kingdom.<br \/><br \/>The generic Top-Level Domain &ldquo;.com&rdquo; is a standard registration requirement which is disregarded when assessing whether the Disputed Domain Name is confusingly similar to a trademark in which the Complainant has rights.<br \/><br \/>Accordingly, the Disputed Domain Name has the effect of invoking the Complainant's BOUYGUES CONSTRUCTION trademark and the goods and services provided under it in the United Kingdom.<\/p>\n<p>The Disputed Domain Name is therefore confusingly similar to the Complainant&rsquo;s BOUYGUES CONSTRUCTION trademark.<br \/><br \/>(ii) The Respondent has no rights or legitimate interests in respect of the Disputed Domain Name.<br \/><br \/>As is universally accepted, the Complainant is first required to make out a prima facie case that the Respondent has no rights or legitimate interests in the Disputed Domain Name and, if such a prima facie case is made out, the onus of proof is then transferred to the Respondent to rebut any such prima facie case that has been established. The Complainant submits that for the following reasons it can make out its prima facie case.<\/p>\n<p>First, the Disputed Domain Name was registered on August 4, 2025 which was several years after the first registration of the Complainant&rsquo;s aforesaid BOUYGUES CONSTRUCTION trademark.<br \/><br \/>Secondly, the Complainant has not licensed or authorized the Respondent to register or use the Disputed Domain Name, the Respondent is not affiliated with the Complainant in any manner and nor has the Complainant endorsed or sponsored the Respondent or the contents of the webpage to which it resolves.<br \/><br \/>Thirdly, there is no evidence that the Respondent is commonly known by the Disputed Domain Name or that it owns any corresponding registered trademark that includes the term &lt;bouyguesconstrucstionsuk.com&gt;.<\/p>\n<p>Fourthly, the Respondent has not made any legitimate use of the Disputed Domain Name and has not shown that it has any demonstrable plan to use it for such a purpose but, rather, it has merely caused it to resolve to a parking page that promotes hosting by Hostinger.<\/p>\n<p>Accordingly, the Complainant submits that it has made out a prima facie case that the Respondent has no such rights or legitimate interests in the Disputed Domain Name.<\/p>\n<p>(iii) The Disputed Domain Name was registered and is being used in bad faith.<br \/><br \/>The Complainant submits on the following grounds that the Respondent registered and is using the Disputed Domain Name in bad faith.<\/p>\n<p>First, the Respondent has constructed and registeredthe &nbsp;Disputed Domain Name that incorporates the Complainant's aforesaid well-known trademark and which is thus confusingly similar to that trademark.<\/p>\n<p>Secondly, the evidence will show that the Complainant is very prominent in the construction work which is invoked by the Disputed Domain Name.<\/p>\n<p>Thirdly, it must therefore be concluded that the Respondent had full knowledge of the Complainant's famous BOUYGUES CONSTRUCTION trademark when it registered the Disputed Domain Name and that the presence of such a famous trademark in a domain name indicates that the Disputed Domain Name was registered in bad faith.<\/p>\n<p>Fourthly, the evidence will show that the Disputed Domain Name has been set up with MX records that indicate it will not be used for a good faith use.<\/p>\n<p>Accordingly, the Complainant submits that the Respondent has registered and used the Disputed Domain Name in bad faith.<br \/><br \/>The Complainant thus submits that it is entitled to the relief that it seeks.<\/p>\n<p>RESPONDENT<\/p>\n<p>The Respondent is in default and has not filed a Response in this proceeding.<\/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": [
        "Neil Brown"
    ],
    "date_of_panel_decision": "2025-09-01 00:00:00",
    "informal_english_translation": "<p><\/p>\n<p>The evidence has established that the Complainant is the owner of a large portfolio of registered trademarks including:<\/p>\n<p>(a) the International trademark registration for BOUYGUES CONSTRUCTION No. 732339, registered on April 13, 2000; and<\/p>\n<p>(b) the European Union trademark registration for BOUYGUES CONSTRUCTION &nbsp;No. 001589159, registered on May 16, 2001;<\/p>\n<p><br \/>(collectively \"the BOUYGUES CONSTRUCTION trademark\").<\/p>",
    "decision_domains": {
        "bouyguesconstrucstionsuk.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}