{ "case_number": "CAC-UDRP-102287", "time_of_filling": "2019-01-07 12:05:06", "domain_names": [ "vivendicbd.com" ], "case_administrator": "Šárka Glasslová (Case admin)", "complainant": [ "VIVENDI" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "jd mcdaniels" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a French multinational mass media conglomerate headquartered in Paris. The Complainant has activities in music, television, film, video games, telecommunications, tickets and video hosting service.\r\n\r\nIn 2017, the Complainant’s revenues amounted to € 12,444 million all over the world, € 4,396 million in France, € 2,836 million in the rest of Europe, € 3,008 million in the United States and € 2,204 million in the rest of the world.\r\n\r\nThe Complainant is the owner of several international trademark registrations “VIVENDI”, such as the international trademark VIVENDI No. 687855, registered and renewed since February 23, 1998 and the international trademark VIVENDI No. 706637 registered and renewed since December 22, 1998.\r\n\r\nThe Complainant also owns and communicates on Internet through various domain names, such as the domain name registered on November 12, 1997.\r\n\r\nThe disputed domain name was registered on December 20, 2018. It redirects to a registrar parking page. \r\n\r\nComplainant states that the disputed domain name is confusingly similar to its international trademarks VIVENDI, because the Complainant’s trademark is included in its entirety.\r\n\r\nThe mere addition of the letters “cbd” which could in view of Complainant be interpreted as indicating a location or some other abbreviation, does not detract from a finding of confusing similarity in the circumstances. Complainant states that its trademark is immediately recognisable and prominent in the disputed domain name, and its combination with “cbd” does not give it a new or different meaning, or result in the formation of some other term with its own distinct and inherent significance.\r\n\r\nThe mere addition of the letters “cbd” which could in view of Complainant be interpreted as indicating a location or some other abbreviation, does not detract from a finding of confusing similarity in the circumstances. Complainant states that its trademark is immediately recognisable and prominent in the Disputed domain name, and its combination with “cbd” does not give it a new or different meaning, or result in the formation of some other term with its own distinct and inherent significance.\r\n\r\nMoreover, the Complainant contends that the addition of the generic Top-Level Domain suffix “.COM” does not change the overall impression of the designation as being connected to the trademark VIVENDI. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain names associated. \r\n\r\nThe Complainant furthermore asserts that the Respondent is not known as the disputed domain name, but as “jd mcdaniels”. \r\n\r\nThe Respondent is not known by the Complainant. The Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademarks VIVENDI, or apply for registration of the disputed domain name .\r\n\r\nThe disputed domain name redirects to a registrar parking page. The Complainant contends that Respondent did not make any use of 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.\r\n\r\nThe Complainant contends furthermore that the Respondent has registered and is using the disputed domain name in bad faith. \r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its distinctive and worldwide known trademarks VIVENDI. \r\n\r\nGiven the distinctiveness of the Complainant's trademarks and reputation, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademarks. \r\n\r\nMoreover, the disputed domain name redirects to a Registrar parking page. The Complainant contends that the Respondent fails to make an active use of the disputed domain name. Failure to make an active use of a disputed domain name is in the view of the Complainant evidence of bad faith. ", "other_legal_proceedings": "The Panel is not aware of any other 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.\r\n\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).", "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).", "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).", "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": [ "Jan Christian Schnedler, LL.M." ], "date_of_panel_decision": "2019-02-04 00:00:00", "informal_english_translation": "The Complainant is the owner of several international trademark registrations “VIVENDI”, such as the international trademark VIVENDI No. 687855, registered on February 23, 1998 and the international trademark VIVENDI No. 706637 registered on December 22, 1998.\r\n\r\nThe Complainant also owns various domain names, such as the domain name registered on November 12, 1997.\r\n", "decision_domains": { "VIVENDICBD.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }