Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified theRespondent of the Complaint, and the proceedings commenced on March 30, 2010. Inaccordance with the Rules, paragraph 5(a), the due date for Response was April 19, 2010.The Response was filed with the Center on April 20, 2010.The Center appointed Jon Lang as the sole panelist in this matter on May 4, 2010. ThePanel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
4. Factual Background
The Complainant evolved from a construction company founded in 1912. It is the largestU.S. based publicly-traded engineering, procurement, construction, maintenance services,and project management company. It is a FORTUNE 150 company that is ranked No. 1in
magazine's ‘‘Engineering, Construction'' category of America's largestcorporations, and is considered one of the world's safest contractors. Fluor Corporationhas a global workforce of over 40,000 with a presence in more than 60 countries on 6continents, including a subsidiary organised under the laws of Barbados where theRespondent is located. The Complainant has been involved in some of the largest projectsin the world.The Complainant is the owner of the word mark FLUOR DANIEL registered on June 5,2001 at the United States Patent and Trademark Office (USPTO) with registrationnumber 2,456,881 and Community Trademark FLUOR DANIEL, registered on January15, 2001 with registration number 001408863. The Complainant is also the owner of theFLUOR mark, registered on June 15, 1954 at the USPTO under number 0591442.The domain name used by the Complainant for its home website,“www.fluordaniels.com” has been registered since August 30, 2000 (and<fluordaniel.com>, another domain name of the Complainant, has been registered sinceFebruary 1, 1996).The Complainant sent “cease and desist” letters to the Respondent (to no avail) onJanuary 19, 2010 and January 26, 2010 informing the Respondent that it was infringingthe Complainant's IP rights.
5. Parties' Contentions
The Complainant says that it has established rights in the registered trademark “FLUOR DANIEL” and that the Respondent's domain name, <flourdaniels.com> is confusingly