{
    "case_number": "CAC-UDRP-102736",
    "time_of_filling": "2019-10-22 09:05:30",
    "domain_names": [
        "vivendimediaworks.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "VIVENDI"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "VARUNZ.COM"
    ],
    "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 company has activities in music, television, film, video games, telecommunications, tickets and video hosting service. With 44,142 employees in 78 countries, the Complainant’s total revenues amounted to €13,932 million worldwide in 2018.\r\nThe Complainant communicates on Internet through various domain names, such as the domain name <vivendi.com> registered on November 12th, 1997. On this official website (under <www.vivendi.com>) the Complainant also offers customer information relating to media and entertainment.\r\n\r\nThe disputed domain name <vivendimediaworks.com> was registered on October 11th, 2019. The website related to the disputed domain name displays the message “Our message is Coming Soon” and a countdown. \r\n\r\nThe Complainant states that the disputed domain name <vivendimediaworks.com> is confusingly similar to its international trademarks VIVENDI.\r\n\r\nThe disputed domain name is combined by the word parts \"vivendi\" and \"media\" and \"works\". Vivendi is the trademark of the Complainant, the distinguished and distinctive part of the disputed domain name. Media means the internet, newspapers, magazines, television, etc., considered as a group. Works means all the extra things that may be offered with something. Media and works are generic terms.\r\n\r\nIt is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP”. Please see WIPO Case No. D2003-0888, Dr. Ing. h.c. F. Porsche AG v. Vasiliy Terkin.\r\n\r\nPlease see WIPO Case No. D2006-0451, F. Hoffmann-La Roche AG v. Macalve e-dominios S.A. (“It is also well established that the specific top level of a domain name such as “.com”, “.org” or “.net” does not affect the domain name for the purpose of determining whether it is identical or confusingly similar.”).\r\n\r\nPlease see for instance 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).”)\r\n\r\nPlease see FORUM Case No. FA 1745446, UBS AG v. ZenonHost vs. ZenonHost, (“Complainant demonstrates that the disputed domain name resolves to a parked page that states “UBS Private & Wealth Management 2017” with a maintenance mode countdown to when the website will go live. Use of a confusingly similar domain name to divert Internet users seeking a complainant’s website is not a bona fide offering of services or a legitimate noncommercial or fair use under Policy paragraph 4(c)(i) & (iii). See Bank of Am. Corp. v. Nw. Free Cmty. Access, FA 180704 (Forum Sept. 30, 2003) (“Respondent’s demonstrated intent to divert Internet users seeking Complainant’s website to a website of Respondent and for Respondent’s benefit is not a bona fide offering of goods or services under Policy paragraph 4(c)(i) and it is not a legitimate noncommercial or fair use under Policy paragraph 4(c)(iii).”). The Panel finds that Respondent lacks rights and legitimate interests in the disputed domain name.”).\r\n\r\nPlease see for instance CAC Case No. 101875, VIVENDI v. Phoenix Global Organization Incorporated (“The Panel is convinced that the Trademarks [VIVENDI] are highly distinctive and well-established.”).\r\n\r\nPlease see for instance WIPO Case No. D2000-0277, Deutsche Bank AG v. Diego-Arturo Bruckner, (“The domain name is so obviously connected with the complainant and its services that its very use by someone with no connection with the complainant suggests opportunistic bad faith.”). \r\n\r\nPlease see for instance:\r\n-\tWIPO Case No. D2000-0003, Telstra Corporation Limited v. Nuclear Marshmallows;\r\n-\tWIPO Case No. D2000-0400, CBS Broadcasting, Inc. v. Dennis Toeppen.",
    "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",
    "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": [
        "Dr. jur. Harald von Herget"
    ],
    "date_of_panel_decision": "2019-12-01 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several international trademark registrations for the wording “VIVENDI”, such as\r\n- the international trademark VIVENDI® n° 687855, registered since February 23rd, 1998;\r\n- the international trademark VIVENDI® n° 930935 registered since September 22nd, 2006. \r\n\r\nThe Complainant also owns various domain names, such as the domain name <vivendi.com> registered on November 12th, 1997.\r\n\r\nThe Complainant shows evidence for both rights.\r\n",
    "decision_domains": {
        "VIVENDIMEDIAWORKS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}