{
    "case_number": "CAC-UDRP-103302",
    "time_of_filling": "2020-10-02 08:58:52",
    "domain_names": [
        "mym.fan"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "AIR MEDIAS"
    ],
    "complainant_representative": "EPSILON AVOCATS",
    "respondent": [
        "Jurgen  NEEME"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant states that it is a French company, based in Lyon.\r\n\r\nThe Complainant submits that it is active in the field of internet services and operates the private social network “MEET YOUR MODEL” (“MYM”).\r\n\r\nThe Complainant clarifies that MYM is a social network for public figures and models to share content with their fans against a monthly membership fee. \r\n\r\nThe Complainant adds that so far, 55 000 models have registered on MYM.\r\n\r\nThe Complainant states that it is the owner of the French trademark “MYM” No. 4523099, registered on February 7, 2019.\r\n\r\nThe Complainant underlines that it owns the domain name <mym.fans>, registered on August 30, 2018, and that it uses it to operate the social network MYM.\r\n\r\nThe Complainant argues that it has discovered that the Respondent registered the disputed domain name on April 29, 2020.\r\n\r\nThe Complainant notes that, according to a WHOIS query of the disputed domain name, the Respondent is located in Estonia.\r\n\r\nThe Complainant observes that the disputed domain name is pointing to a website displaying a page which provides pay-per-click links and commercial advertisements in French language.\r\n\r\nThe Complainant argues that the disputed domain name is identical to the earlier “MYM” trademark No. 4523099 in its entirety.\r\n\r\nThe Complainant contends that the disputed domain name incorporates the entirety of its trademark by reproducing the three letter “m”, “y” and “m” with the same sequence, and that therefore it is identical to the registered trademark “MYM”.\r\n\r\nThe Complainant considers that the top-level domain “.fan” may not be taken into consideration when examining the identity or similarity between the Complainant’s trademark and the disputed domain name, as it is a technical requirement of registration.\r\n\r\nThe Complainant asserts that it registered the domain name <mym.fans> on August 30, 2018 and that it has been actively using it since then.\r\n\r\nThe Complainant notes that under French law, the registration of a domain name identical to an earlier domain name can constitute an act of unfair competition.\r\n\r\nThe Complainant argues that the Respondent has no rights or legitimate interests in the disputed domain name, since he is not related in any way with the Complainant.\r\n\r\nThe Complainant states that it has not licensed or otherwise permitted the Respondent to use its “MYM” trademark or earlier domain name.\r\n\r\nThe Complainant submits that there is no indication that the disputed domain name owner is commonly known by the term “MYM” or that he is using the disputed domain name in connection with a bona fide offering of goods or services.\r\n\r\nThe Complainant notes that there is no evidence that the Respondent is making a legitimate noncommercial or fair use of the disputed domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark at issue.\r\n\r\nThe Complainant considers that it is clear that using the disputed domain name to host a website displaying a page which provides pay-per-click links and commercial advertisements does not present a bona fide offering of goods or services where such links mislead Internet users.\r\n\r\nThe Complainant adds that the Respondent is a well-known cybersquatter who has been involved in many previous UDRP proceedings including:\r\n\r\n-\tWIPO Case No. D2018-1125.\r\n\r\n-\tWIPO Case No. D2019-1582;\r\n\r\n-\tWIPO Case No. D2019-2779;\r\n\r\n-\tWIPO Case No. D2020-0403;\r\n\r\n-\tWIPO Case No. DWS2020-0002;\r\n\r\n-\tWIPO Case No. D2020-0137.\r\n\r\nThe Complainant infers from the above-mentioned facts that the Respondent has no rights or legitimate interests in respect of the disputed domain name.\r\n\r\nThe Complainant argues that it is clear that the Respondent was fully aware of the Complainant, its “MYM” trademark and the domain name <mym.fans> when registering the disputed domain name.\r\n\r\nThe Complainant adds that the “MYM” trademark is highly distinctive and that if the Respondent had carried out a Google search for the word “MYM”, the search results would have yielded immediate and obvious references to the Complainant.\r\n\r\nThe Complainant submits that it is reasonable to infer that the Respondent either knew, or should have known, that the disputed domain name would be identical with the Complainant’s trademark, and that the Respondent registered the disputed domain name in full knowledge of this trademark.\r\n\r\nThe Complainant considers that the Respondent intentionally attempted to attract, for commercial gain, Internet users to its website:\r\n\r\n-\tby creating a likelihood of confusion with the Complainant's trademark “MYM” and domain name <mym.fans>;\r\n\r\n-\tby relying on typos mistakes made by Internet users when inputting the website address <mym.fans> into a browser.\r\n \r\nThe Complainant adds that the Respondent has registered many domain names containing registered trademarks of third parties.\r\n\r\nThe Complainant concludes that such circumstances are evidence of registration and use of the disputed domain name in bad faith.\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": "No 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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2020-11-12 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the French trademark “MYM” No. 4523099, registered on February 7, 2019 for goods and services in classes 35 and 45.\r\n\r\nThe disputed domain name was registered by the Respondent on April 29, 2020.\r\n",
    "decision_domains": {
        "MYM.FAN": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}