LEGAL GROUNDS:
A. THE DOMAIN NAME IS CONFUSINGLY SIMILAR
The domain name <cnews.live> (hereinafter referred to as the “disputed domain name”) incorporates the Complainant’s registered trademark CNEWS. The addition of the gTLD “.live” does not add any distinctiveness to the disputed domain name.
Referring to WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition ("WIPO Jurisprudential Overview 3.0"), as the term “CNEWS is distinctively recognizable in the disputed domain name, the disputed domain name should be considered as identical and confusingly similar to the trademark C NEWS.
B. RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTEREST IN RESPECT OF THE DOMAIN NAME
The Complainant has never granted the Respondent any right to use the CNEWS trademark within the disputed domain name, nor is the Respondent affiliated to the Complainant in any form.
The Complainant has not found that the Respondent is commonly known by the disputed domain name or that it has interest over the disputed domain name or the major part of it. When entering the terms “CNEWS” in the Google search engine, the returned results all point to the Complainant and its business activity.
From the Complainant’s perspective, by associating the disputed domain name with phishing mail, the Respondent is intending for commercial gain to misleadingly divert consumers to its website or to website of others, which is obviously not making a legitimate, noncommercial or fair use of the disputed domain name. The Respondent name is NEWS REPORT but no traces of this company was found on the internet.
There is no evidence showing that the Respondent’s use of the disputed domain name is in connection with a bona fide offering of goods or services.
Taking into account of the above, the Respondent shall be considered as having no right nor legitimate interest in respect of the disputed domain name.
Furthermore the Respondent’s domain name is inactive and the only purpose of its registration is to obstacles the Complainant’s activities and to distort users from CNEWS to CNEWS.LIVE.
C. THE DOMAIN NAME WAS REGISTERED AND IS BEING USED IN BAD FAITH
It has to be highlighted that the Complainant’s trademarks predate the registration of the disputed domain name and the Respondent has never been authorized by the Complainant to use these trademarks nor to register the disputed domain name. Even though the Complainant has failed to prove a widespread recognition of the trademark C NEWS and its TV channel , this TV name can be easily found on the internet . The Respondent has chosen to register a domain name identical to the Complainant's trademark for LIVE program related to NEWS (a normal search on the internet would have discovered the real site of CNEWS which is quite known being a CANAL+ connected operator) . From the Complainant’s perspective, it is very likely that the Respondent had the trademark in mind when he registered the disputed domain name and registered it only to mislead Internet users. It could have been easy to search on the internet and find CNEWS. Furthermore choosing a specific domain name such as .LIVE the Registrant has wanted to underline that CNEWS is connected to a TV LIVE program. In the absence of any Respondent's argument or justification this Panel has to consider the Complainant's position only.
Furthermore, the disputed domain name is inactive. The Complainant contends that the Respondent did not make any use of the disputed domain name since its registration, and it confirms that Respondent has no demonstrable plan to use the disputed domain name. It demonstrates a lack of legitimate interests in respect of the disputed domain name.
Complainant cited the following cases: Forum Case No. FA 1781783, Skechers U.S.A., Inc. and Skechers U.S.A., Inc. II v. Chad Moston / Elite Media Group <bobsfromsketchers.com> (“Here, the WHOIS information of record identifies Respondent as “Chad Moston / Elite Media Group.” The Panel therefore finds under Policy paragraph 4(c)(ii) that Respondent is not commonly known by the disputed domain name under Policy paragraph 4(c)(ii).”) and Case No. FA 1031703, Minicards Vennootschap Onder FIrma Amsterdam v. Moscow Studios (holding that respondent registered a domain name in bad faith under Policy paragraph 4(a)(iii) after concluding that respondent had "actual knowledge of Complainant's mark when registering the disputed domain name").
More appropriate seem to be the following WIPO cases: UDRP decisions confirmed that the passive holding of a domain name with knowledge that the domain name infringes another party’s trademark rights is evidence of bad faith registration and use (see, in this regard, Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003, Jupiters Limited v. Aaron Hall, WIPO Case No. D2000-0574). In particular, the consensus view of WIPO UDRP panellists is that passive holding of a disputed domain name may, in appropriate circumstances, be consistent with a finding of bad faith.
Therefore, it is reasonable to conclude that by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or website of others, by creating a likelihood of confusion with the Complainant’s trademark.
SUMMARY
To summarize, 1) the trademark CNEWS is known and any search on the internet would have informed the Respondent of the existence of this network. Its registration predates the registration of the disputed domain name; 2) The Respondent bears no relationship to the trademarks or the Complaint; it is not commonly known by the disputed domain name nor that has it interest over the disputed domain name or the major part of it; 3) The Respondent has not been using the disputed domain name and passive holding is an indication of bad faith in the absence of any contrary argument by the Respondent.
Consequently, the Respondent should be considered to have registered the disputed domain name confusingly similar to the Complainant’s registered trademark.
The disputed domain name has to be reassigned to the Complainant.
Massimo Cimoli
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