{
    "case_number": "CAC-UDRP-108008",
    "time_of_filling": "2025-10-01 09:45:34",
    "domain_names": [
        "saint-gobian.org"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "COMPAGNIE DE SAINT-GOBAIN"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "James Brown"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a French company specializing in the production, processing, and distribution of materials for the construction and industrial markets. It operates globally and is recognized as a leading player in sustainable habitat and construction solutions. With a history spanning over 350 years, the Complainant has demonstrated ongoing innovation and currently employs approximately 161,000 people worldwide, with a reported turnover of around EUR 46.6 billion in 2024.<\/p>\n<p class=\"p1\">The disputed domain name &lt;saint-gobian.org&gt; was registered on September 26, 2025. As of the date of the Complaint, it resolves to a parking page with commercial links. MX servers have also been configured.<\/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 <span>&lt;<\/span>saint-gobian.org&gt;.<\/p>",
    "no_response_filed": "<p><span>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/p>\n<p>COMPLAINANT:<\/p>\n<ul>\n<li><span>The disputed domain name is confusingly similar to the protected mark<\/span><\/li>\n<\/ul>\n<p class=\"p1\">The Complainant asserts that it holds valid rights in the well-known and distinctive trademark <span class=\"s1\">SAINT-GOBAIN<\/span>, supported by international trademark registrations.<\/p>\n<p class=\"p1\">The Complainant submits that the disputed domain name <span class=\"s1\">&lt;saint-gobian.org&gt;<\/span> is confusingly similar to its trademark. The sole difference lies in the reversal of the letters &ldquo;A&rdquo; and &ldquo;I&rdquo; in the second part of the mark, which is insufficient to avoid a finding of confusing similarity.<\/p>\n<p class=\"p1\">According to the Complainant, this alteration constitutes a clear case of <span class=\"s1\">typosquatting<\/span>, i.e., an intentional misspelling of a trademark designed to mislead or confuse users. It relies on paragraph 1.9 of the <em><span class=\"s1\">WIPO Overview 3.0<\/span><\/em>, which confirms that common, obvious, or intentional misspellings of a mark do not prevent a finding of confusing similarity.<\/p>\n<p class=\"p1\">Furthermore, the addition of the generic Top-Level Domain &ldquo;<span class=\"s1\">.org<\/span>&rdquo; is irrelevant for the purpose of assessing similarity, as it is viewed merely as a technical requirement of domain name registration. The Complainant refers to paragraph 1.11 of the <em>WIPO Overview 3.0<\/em>, which affirms that the TLD is generally disregarded under the first element analysis.<\/p>\n<p class=\"p1\">For these reasons, the Complainant contends that the disputed domain name is confusingly similar to its trademark <span class=\"s1\">SAINT-GOBAIN<\/span>.<\/p>\n<ul>\n<li class=\"p1\"><span>The Respondent lacks rights or legitimate interests in the disputed domain name<\/span><\/li>\n<\/ul>\n<p class=\"p1\">According to the Complainant, the Respondent has no rights or legitimate interests in the disputed domain name &lt;saint-gobian.org&gt;.<\/p>\n<p class=\"p1\">Citing <em><span class=\"s1\">WIPO Case No. D2003-0455, Croatia Airlines d.d. v. Modern Empire Internet Ltd.<\/span>,<\/em> the Complainant notes that it must first establish a <i>prima facie<\/i> case that the Respondent lacks rights or legitimate interests. Once this burden is met, the Respondent must demonstrate otherwise. If the Respondent fails to provide such evidence, the Complainant is generally deemed to have satisfied paragraph 4(a)(ii) of the Policy.<\/p>\n<p class=\"p1\">The Complainant asserts that the Respondent is not commonly known by the disputed domain name. The WHOIS data does not identify the Respondent under the name &ldquo;saint-gobian,&rdquo; nor has the Complainant authorized the Respondent to use its <span class=\"s1\">SAINT-GOBAIN<\/span> trademark in any manner. The Complainant states that there is no business or legal relationship between the parties.<\/p>\n<p class=\"p1\">The Complainant further argues that the disputed domain name is a classic example of<strong> <\/strong><span class=\"s1\">typosquatting<\/span><strong>,<\/strong> i.e., it contains an intentional misspelling of the trademark <span class=\"s1\">SAINT-GOBAIN<\/span>. Typosquatting is frequently cited as strong evidence that a respondent lacks legitimate interests.&nbsp;<\/p>\n<p class=\"p1\">Additionally, the Complainant notes that the disputed domain name resolves to a <span class=\"s1\">parking page with commercial links<\/span>. Numerous UDRP panels have determined that such use does not constitute a bona fide offering of goods or services, nor a legitimate non-commercial or fair use.<\/p>\n<p class=\"p1\">For these reasons, the Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/p>\n<ul>\n<li><span><\/span><span>The disputed domain name has been registered and is being used in bad faith<\/span><\/li>\n<\/ul>\n<div class=\"page\" title=\"Page 6\">\n<div class=\"section\">\n<div class=\"layoutArea\">\n<div class=\"column\">\n<p class=\"p1\">The Complainant contends that the disputed domain name &lt;saint-gobian.org&gt; was registered and is being used in bad faith.<\/p>\n<p class=\"p1\">The Complainant emphasizes that its <span class=\"s1\">SAINT-GOBAIN<\/span> trademark is well-known globally and has been in use long before the registration date of the disputed domain name. The Complainant also operates a long-standing official website under &lt;saint-gobain.com&gt;, particularly active in markets including the United States.<\/p>\n<p class=\"p1\">According to the Complainant, the<strong> <\/strong><span class=\"s1\">confusing similarity<\/span><strong> <\/strong>between the disputed domain name and its trademark, coupled with the <span class=\"s1\">intentional misspelling<\/span> (a clear case of typosquatting), shows that the Respondent must have been aware of the Complainant&rsquo;s rights at the time of registration. The Complainant cites past decisions confirming that typosquatting supports a finding of bad faith (e.g., <i>Microsoft Corporation v. Domain Registration Philippines<\/i>, NAF Case No. FA 877979).<\/p>\n<p class=\"p1\">Furthermore, the disputed domain name resolves to a <span class=\"s1\">parking page with commercial links<\/span>, which the Complainant argues constitutes an attempt to attract users for commercial gain by leveraging confusion with the Complainant&rsquo;s mark. Such use, the Complainant submits, has consistently been found to be bad faith use under UDRP precedent (e.g., <i>StudioCanal v. Sudjam LLC<\/i>, WIPO Case No. D2018-0497).<\/p>\n<p class=\"p1\">Finally, the Complainant notes that the disputed domain name has<strong> <\/strong><span class=\"s1\">active MX records<\/span>, indicating a potential use for email communication. The Complainant points to prior cases where this setup was deemed a risk for <span class=\"s1\">phishing or other fraudulent activity<\/span>, particularly when combined with typosquatting (e.g., <i>JCDECAUX SA v. Handi Hariyono<\/i>, CAC Case No. 102827).<\/p>\n<p class=\"p1\">Based on the above, the Complainant submits that the disputed domain name was registered and is being used in bad faith within the meaning of paragraph 4(a)(iii) of the UDRP. Accordingly, the Complainant requests that the disputed domain name be transferred to it.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<p>RESPONDENT:<\/p>\n<p>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. &nbsp;<\/p>\n<ul><\/ul>",
    "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": [
        "Barbora Donathová"
    ],
    "date_of_panel_decision": "2025-11-04 00:00:00",
    "informal_english_translation": "<p class=\"p1\">The Complainant is the owner of numerous trademark registrations for the mark <span class=\"s1\">SAINT-GOBAIN<\/span>, including but not limited to:<span class=\"s2\"><\/span><\/p>\n<ul>\n<li>\n<p class=\"p1\">International trademark No. 740184, registered on July 26, 2000;<\/p>\n<\/li>\n<li>\n<p class=\"p1\">International trademark No. 740183, registered on July 26, 2000 (covering the United States);<\/p>\n<\/li>\n<li>\n<p class=\"p1\">International trademark No. 596735, registered on November 2, 1992;<\/p>\n<\/li>\n<li>\n<p class=\"p1\">International trademark No. 551682, registered on July 21, 1989.<\/p>\n<\/li>\n<\/ul>\n<p class=\"p1\">In addition to its trademark portfolio, the Complainant owns and operates several domain names incorporating the <span class=\"s1\">SAINT-GOBAIN<\/span> mark, including &lt;saint-gobain.com&gt;, which was registered on December 29, 1995. The Complainant also uses <span class=\"s1\">SAINT-GOBAIN<\/span> as part of its company name and commercial identity.<\/p>",
    "decision_domains": {
        "saint-gobian.org": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}