PARTIES' CONTENTIONS:
COMPLAINANT:
The Complainant contends that the disputed domain name is confusingly similar to its CANAL PLUS registered trademark, as it wholly incorporates such trademark. This last element is sufficient to support the finding that the disputed domain name is confusingly similar to the Complainant's trademark. As to the gTLD “.watch”, the Complainant asserts that it increases the chances of confusion, since it makes direct reference to the Complainant’s activity.
The Complainant maintains that the Respondent lacks rights or legitimate interests in the disputed domain name, because the Respondent is not known by the disputed domain name, the Complainant is neither affiliated with the Respondent, nor has it ever authorised the Respondent to register its trademark as a domain name, and the Complainant has no business with the Respondent.
According to the Complainant, given the seniority, distinctiveness and worldwide reputation of the CANAL PLUS trademark, the Respondent registered the disputed domain name with full knowledge of the Complainant's trademark in an intentionally designed way, with the aim to create a likelihood of confusion with the Complainant’s trademarks and domain names, and this is evidence of the fact that the disputed domain name was registered in bad faith.
With respect to use in bad faith, the Complainant points out that the Respondent has used the disputed domain name, so as to attract users for commercial gain, a fact that – in combination with the incorporation of a famous trademark in a domain name – proves use in bad faith.
For all these reasons, the Complainant concludes that the Respondent registered and used the disputed domain name in bad faith.
RESPONDENT:
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.
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