{
    "case_number": "CAC-UDRP-101916",
    "time_of_filling": "2018-03-15 09:00:18",
    "domain_names": [
        "avghelpsupport.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Avast Software B.V. "
    ],
    "complainant_representative": "Rudolf Leška (Rudolf Leška, advokát)",
    "respondent": [
        "Vikas Pandey"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant has been since 1991 providing to its customers one of the most famous and effective antimalware security suite (antivirus software). The Complainant is well-known on the market globally as a reliable company with long history, as a security pioneer offering a wide range of protection, performance and privacy solutions for customers and businesses. Its popularity on the market and high quality is supported by the fact that AVG antivirus surpassed 200 million users worldwide and acquired more than 20 awards from independent industry comparative tests, such as PC Mag Editors Choice, Top Product-AV-Test or Top Product – Corporate Endpoint Protection.\r\n\r\nThe disputed domain name <avghelpsupport.com> was registered on 22 May 2017 and is held by the Respondent. \r\n\r\nThe disputed domain name is not currently (at the time of Panel’s decision) genuinely used, however (as discussed in more detail) at least for some time the domain name website (i.e. website available under internet address containing the disputed domain name) provided information about help and support services with respect to Complainant’s products provided by the Respondent.\r\n\r\nThe Complainant seeks transfer of the disputed domain name to Complainant. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the disputed domain name.",
    "no_response_filed": "The Parties' contentions are the following:\r\n\r\nCOMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\nThe Complainant states that: \r\n\r\nThe disputed domain name contains “AVG” word element of Complainant's trademarks in its entirety and it is thus confusingly similar to Complainant’s trademarks.\r\n\r\nThe addition of the generic terms “HELP“ and “SUPPORT” add no distinctiveness to the disputed domain name. \r\n\r\nThe Complainant refers to previous domain name decisions contending that adding a general term to a trademark can enhance the confusing similarity of the disputed domain name since it might lead internet users to wrongly believe that the said domain name is endorsed by Complainant and is related to its business.\r\n\r\nThus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain name is clearly established.\r\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\nThe Complainant states that:\r\n\r\nThe Respondent has not been commonly known by the disputed domain name. \r\n\r\nThe Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain name.\r\n\r\nThe disputed domain name (at least for some time of its existence) was used to free ride on Complainant’s trademarks by misleading the public about origin of the services offered on the domain name website and establishing likelihood of confusion with the Complainant and its business.\r\n\r\nNo bona fide use of the disputed domain name has been established also because the Respondent provided false and misleading statements on the domain name website, apparently with an intention to create a false impression that the services offered through the website were provided either directly by the Complainant or with its authorisation.\r\n \r\n\r\nBAD FAITH REGISTRATION AND USE\r\n\r\nThe Complainant states that:\r\n\r\nSeniority of the Complainant's trademarks predates the disputed domain name registration and such trademarks are well-known in relevant business circles. The Respondent can be considered to be aware of the Complainant's trademarks when registering the domain name due to well-known character thereof and also because it made various references to Complainant's trademarks on the domain name website. \r\n\r\nIt is well-founded that registration of the disputed domain name that is confusingly similar to the Complainant’s trademarks which enjoys strong reputation, plus other facts, such as above described no genuine use of the disputed domain name, are sufficient to establish bad faith under the 4(a)(iii) of the Policy.\r\n\r\nThe Complainant refers to previous domain name decisions contending that registering a domain name incorporating trademarks that enjoy high level of notoriety and well-known character constitute prima facie registration in bad faith.\r\n\r\nThe Complainant refers to previous domain name decisions contending that (i) registering a domain name incorporating trademarks that enjoy high level of notoriety and well-known character and (ii) abusive use of such trademarks on the domain name website with an aim to mislead the public about origin of the website and services offered through it, both constitute prima facie registration and use in bad faith.\r\n\r\nThe Complainant presents the following evidence which has been assessed by the Panel:\r\n\r\n-\tInformation about the Complainant and its business;\r\n-\tExcerpts from various trademark databases regarding Complainant's trademarks;\r\n-\tCopy of Assignment of Intellectual Property Agreement;\r\n-\tScreenshots of the disputed domain name website (evidencing communication of misleading statements and unauthorised use of Complainant’s trademarks);\r\n-\tScreenshots of official Complainant’s websites \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent has not provided any response to the Complaint.\r\n",
    "rights": "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).\r\n\r\n\r\n\r\n",
    "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 disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).\r\n\r\n\r\n\r\n",
    "bad_faith": "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).\r\n\r\n\r\n\r\n",
    "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": "Accepted",
    "panelists": [
        "JUDr. Jiří Čermák"
    ],
    "date_of_panel_decision": "2018-04-30 00:00:00",
    "informal_english_translation": "The Complainant is as an assignee under a trademark assignment agreement  (Assignment of Intellectual Property Agreement dated 1 September 2017, entered into between the Complainant and AVG Netherlands B.V.) an owner of (inter alia) following trademarks containing a word element \"AVG”:\r\n\r\n(i) AVG (word), International (WIPO) Trademark, priority date 2 February 2007, registration date 2 February 2007, trademark no. 930231, registered for goods and services in classes  9, 37 and 42. \r\n\r\n(ii) AVG (word), national Czech  Trademark, priority date 16 November 1994, registration date 26 November 1996, registration no. 195288, registered for goods and services in classes  9, 37 and 42.\r\n\r\nBesides other EU, WIPO and national trademarks consisting of the \" AVG\" denomination.\r\n\r\n(Collectively referred to as \"Complainant's trademarks\").\r\n\r\nThe Complainant has also registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term “AVG”.\r\n",
    "decision_domains": {
        "AVGHELPSUPPORT.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}