{
    "case_number": "CAC-UDRP-102766",
    "time_of_filling": "2019-11-06 09:42:40",
    "domain_names": [
        "mycanal.plus"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "GROUPE CANAL +"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Super Privacy Service LTD c\/o Dynadot"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a leading French audiovisual media group and a top player in the production of pay-TV and theme channels and the bundling and distribution of pay-TV services. With 16.2 million subscribers worldwide and a revenue of 5.16 billion euros, the Complainant offers various channels available on all distribution networks and all connected screens.\r\n\r\nThe Complainant is also the owner of several domain names consisting of the marks CANAL PLUS and myCANAL, such as <canalplus.com> (created in 2006) and <mycanal.com> (created in 2013).\r\n\r\nThe disputed domain name was registered on October 10, 2019 and redirects to a parking page with pay-per-click links related to the Complainant and its activities.",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT\r\n\r\nThe Complainant contends that the disputed domain name is identical to the trademark Complainant's trademarks MY CANAL.\r\n\r\nFurthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent has no relationship with the Complainant's business and is not authorized or licensed to use its trademarks. In addition, the Complainant contends that the Respondent is not commonly known by the disputed domain name and the redirecting of the disputed domain name to a parking page with commercial links related to the Complainant and its business is no bona fide offering of goods or services or legitimate noncommercial or fair use under the Policy.\r\n\r\nFinally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. In this regard, the Complainant contends that the Trademark is widely known and highly distinctive and that the Respondent was fully aware of the Complainant when registering the disputed domain name. The Complainant also states that the Respondent has provided no evidence of any actual or contemplated good faith use by it of the disputed domain name and is using the disputed domain name to attract, for commercial gain Internet users to its website or other on-line location by creating a likelihood of confusion with the Complainant's marks as to the source, sponsorship, affiliation or endorsement of Respondent’s website or location or of a product or service on Respondent’s website or location.\r\n\r\nRESPONDENT\r\n\r\nNo administratively compliant Response has been filed.",
    "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": [
        "Peter Müller"
    ],
    "date_of_panel_decision": "2019-12-12 00:00:00",
    "informal_english_translation": "The Complainant is the owner of trademark registrations across various jurisdictions, inter alia French trademark no. 4304854 myCANAL, registered since October 5, 2016, and international trademark no. 1339315 myCANAL, registered since October 28, 2016. The trademarks are registered for a variety of goods and services, including \"Scientific apparatus and instruments; recorded software, decoders, microphones, films, cassettes, video cassettes, tapes, discs; telephones; television and radio installations (..) as well as communications; news and information agencies; radio, telegraph or telephone communications, by television; teletype; transmission of messages, telegrams; broadcasting of programs, in particular by radio, television, video cassettes and cables\" in classes 9 and 38.",
    "decision_domains": {
        "MYCANAL.PLUS": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}