{
    "case_number": "CAC-UDRP-102885",
    "time_of_filling": "2020-02-03 11:13:42",
    "domain_names": [
        "vivendiwater.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "VIVENDI"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Super Privacy Service LTD c\/o Dynadot"
    ],
    "respondent_representative": null,
    "factual_background": "The 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\n\r\nThe disputed domain name <vivendiwater.com> was registered on 15 January 2020 and is held by the Respondent. \r\n\r\nThe domain name website (i.e. website to which the disputed domain name resolves) has no genuine content and resolves to a pay-per-click page which advertises and provides links to online casinos and other gambling websites.\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\n- The disputed domain name contains the distinctive “VIVENDI” word element, and it is thus almost identical (i.e. confusingly similar) to Complainant’s trademarks; and\r\n\r\n- The addition of the term “WATER” is not sufficient to escape the finding that the disputed domain name is confusingly similar to Complainant's trademarks, as it does not prevent the likelihood of confusion between the disputed domain name and the Complainant, Complainant's trademarks and its business. On the contrary, it worsens the likelihood of confusion, as it refers to the old company name of one of Complainant's affiliated companies, VIVENDI WATER (currently Veolia Water).\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\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\nThe Complainant states that:\r\n\r\n- The Respondent has not been commonly known by the disputed domain name;\r\n\r\n- The Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner nor it is affiliated with the Complainant in any way; and\r\n\r\n- Furthermore, the domain name website has been inactive, which implies that there is no Respondent’s intention to use the disputed domain name for legitimate purposes.\r\n \r\n\r\nBAD FAITH REGISTRATION AND USE\r\n\r\nThe Complainant states that:\r\n\r\n- Complainant’s trademarks pre-dates the registration of the disputed domain name and the Respondent has never been authorized by the Complainant to register it;\r\n\r\n- Complainant’s trademarks enjoy status of well-known trademarks and the Respondent must have been aware of their existence while registering the disputed domain name; and\r\n\r\n- The purpose of the use and registration of the disputed domain has been, inter alia, an intentional attempt to attract, for commercial gain, companies by creating a likelihood of confusion with the Complainant’s trademarks and its company name because the Respondent is using the disputed domain name to direct Internet users to parking page with sponsored banners.\r\n\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, incl. Compainant's history;\r\n-\tExcerpt from WHOIS database regarding disputed domain name;\r\n-\tScreenshots of relevant websites;\r\n-\tExcerpts from trademark databases and list of Complainant's Trademarks\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": [
        "JUDr. Jiří Čermák"
    ],
    "date_of_panel_decision": "2020-03-17 00:00:00",
    "informal_english_translation": "The Complainant is, inter alia, a registered owner of the following trademarks containing a word element \"VIVENDI”:\r\n\r\n(i) VIVENDI (word), International (WIPO) Trademark, priority date 8 September 1997, registration date 23 February 1998, trademark registration no. 687855, registered for goods and services in int. classes 9, 35, 36, 37, 38, 39, 40, 41, and 42; and \r\n\r\n(ii) VIVENDI (combined), International (WIPO) Trademark, priority date 18 April 2006, registration date 22 September 2006, trademark registration no. 930935, registered for goods and services in int. classes 9, 16, 28, 35, 36, 38, 41, and 42.\r\n\r\n(collectively referred to as \"Complainant's trademarks\").\r\n\r\nThe word element \"VIVENDI\" is also a part of Complainant's registered company name VIVENDI and various other companies affiliated with the Complainant. \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 “VIVENDI”.\r\n\r\n",
    "decision_domains": {
        "VIVENDIWATER.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}