{
    "case_number": "CAC-UDRP-100281",
    "time_of_filling": "2011-07-12 12:02:46",
    "domain_names": [
        "myart.com"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "My Art"
    ],
    "complainant_representative": "CHAIN AVOCATS",
    "respondent": [
        "Domain Discreet- MyArt.com"
    ],
    "respondent_representative": null,
    "factual_background": "This Complaint is based on the following grounds:\r\n\r\nThe complainant, My-Art, is the owner of the French trademark « MY-ART » (n°3744624) as set out above. The disputed domain name is confusingly similar to trademark in which the Complainant has rights.\r\n\r\nThe disputed domain name has been registered by the Respondent without rights or legitimate interest in the name. Internet inquiries as well as trademark database searches have not revealed any use or registrations by the Respondent that could be considered relevant. The web site for which the domain name is used, leads on a portfolio of other websites.  This passive holding prevents the trademark owner from using the rights conferred by his marks.\r\n\r\nThe domain name is registered and being used in bad faith, because the purpose of the registration of the disputed domain name has been to prevent the Complainant, legitimate owner of My-Art trademark from reflecting the mark in a corresponding domain name. One way of establishing bad faith is where the domain name is inactive and is not being used. Trying several times, the Company has not been able to get any answer from the Respondent to the notice letters.\r\n",
    "other_legal_proceedings": "The Panel is not aware of legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "No administratively compliant Response has been filed.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown that the 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).",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy).",
    "bad_faith": "The Complainant has not shown that the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).",
    "procedural_factors": "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.",
    "decision": "Rejected",
    "panelists": [
        "Tom  Heremans"
    ],
    "date_of_panel_decision": "2011-08-22 00:00:00",
    "informal_english_translation": "According to the file, the Complainant is the owner of the French trademark MY-ART (word and device) n° 3744624, filed on 8 June 2010 and registered on 19 November 2010. This mark is not a Community Trademark (CTM), as suggested by the Complainant.",
    "decision_domains": {
        "MYART.COM": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}