{
    "case_number": "CAC-UDRP-103465",
    "time_of_filling": "2020-12-17 09:28:36",
    "domain_names": [
        "cstar.xyz"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "CSTAR"
    ],
    "complainant_representative": "Nameshield (Laurent Becker)",
    "respondent": [
        "Aix nil"
    ],
    "respondent_representative": null,
    "factual_background": "COMPLAINANT:\r\n\r\nThe Complainant, CSTAR, as a subsidiary of the GROUP CANAL +, is a holder of the broadcasting authorizations and concessions granted by the Superior Council of Audiovisual (“CSA”) for the French television channel CSTAR, and the group’s musical channel.\r\n\r\n\r\nDISPUTED DOMAIN NAME:\r\n\r\nThe disputed domain name <cstar.xyz> was registered on 15 October 2020 and is held by the Respondent. \r\n\r\nThe domain name website (i.e. website to which the disputed domain name resolves) resolves to an inactive online shop. \r\n\r\nThe Complainant seeks transfer of the disputed domain name to the Complainant. \r\n",
    "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\nThe Parties' contentions are the following:\r\n\r\nCOMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to Complainant's trademarks as the disputed domain name contains the Complainant's trademarks in its entirety. \r\n\r\nThe addition of the generic Top-Level Domains (gTLD) “.XYZ” does not add any distinctiveness to the disputed domain name.\r\n\r\nThe Complainant refers to previous domain name decisions regarding similarity and identity of the disputed domain name and Complainant's trademarks.\r\n\r\n\r\n  \r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\nThe Respondent has not been commonly known by the disputed domain name. Neither the Complainant has authorized, permitted or licensed the Respondent to use its trademarks in any manner. \r\n\r\nThe Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain name so as to have acquired rights to or legitimate interests in it. \r\n\r\nDisputed domain name resolves to a website that offers third party products, not originating from the Complainant.\r\n\r\nThe Complainant refers to previous domain name decisions in which panels have recognized that no rights or legitimate interest derive from use of another’s trademark in an attempt to exploit such trademark’s goodwill (in order to mislead and attract Internet users and then offer them third-party products).\r\n \r\n\r\nBAD-FAITH REGISTRATION AND USE\r\n\r\nThe Complainant contends that the Respondent by registering and using the disputed domain name has intentionally attempted to attract Internet users by creating a deliberate likelihood of confusion with the Complainant's Trademarks for the sole purpose of generating traffic on the domain name website.\r\n\r\nThe Complainant presents the following evidence which has been assessed by the Panel:\r\n\r\n- Information about the Complainant and its business;\r\n\r\n- Excerpts from various trademark databases regarding Complainant's trademarks;\r\n\r\n- Excerpts on the disputed domain name from WHOIS database;\r\n\r\n- Screenshots of the disputed domain name website.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent has not provided any response to the complaint.\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": "2021-01-22 00:00:00",
    "informal_english_translation": "The Complainant is, inter alia, registered owner of the following trademarks containing a word element \"C STAR\":\r\n\r\n - C STAR (figurative), International (WIPO) Trademark, application and registration date 13 February 2017, trademark application no. 1359801, registered for goods and services in classes 09, 35, 38, 41, and 42; \r\n\r\n- besides other national trademarks consisting of the \"C STAR\" denomination.\r\n\r\n(collectively referred to as \"Complainant's trademarks\").\r\n\r\nThe Complainant also owns numerous domain names under various TLDs consisting of the \"CSTAR\" denomination or incorporating the same.\r\n\r\n",
    "decision_domains": {
        "CSTAR.XYZ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}