{
    "case_number": "CAC-UDRP-103718",
    "time_of_filling": "2021-04-08 11:03:37",
    "domain_names": [
        "wwwavg.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Avast Software s.r.o."
    ],
    "complainant_representative": "Rudolf Leška",
    "respondent": [
        "D.L. Webb"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant affirms to be well known on the market globally as a reliable company with long history, as a security pioneer offering a wide range of protection, performance and privacy solutions for customers and businesses. Avast's  popularity on the market and high quality is supported by the fact that, as proved by the Complainant, the \"AVG\" antivirus (provided by the same Complainant) surpassed 200 million users worldwide and acquired important awards.\r\n\r\nThe Complainant has also proved to be the owner of numerous trademark registrations for \"AVG\" duly protected in many countries.\r\n\r\nThe Complainant states that the \"AVG\" antivirus is distributed via the website www.avg.com linked to the domain name <avg.com> registered from November 1, 1994.\r\n\r\nThe Complainant informs that the present dispute concerns the domain name <wwwavg.com> which was registered in 2004 but acquired by the current owner between February and April 2018.  According to the Complainant this circumstance indicates that the Respondent was well aware of the Complainant prior trademark rights at the moment of the acquisition of the domain name in dispute.\r\n\r\nFurthermore, the Complainant points out that (i) \"AVG\" has been operating since 1991 (ii) in 1992 its first anti-virus guard product has been launched (iii) since 1997 licenses have been sold across Europe and United States of America.\r\n\r\nAccording to the above it is the Complainant's view that the title \"AVG\" has been used across all territories of the world by the Complainant as an identifier of its product and services in a similar manner to a trademark use, which at the time of the first registration of the disputed domain name has been associated by the consumers with the services and products offered under the name \"AVG\" owned by the Complainant. \r\n\r\nTherefore, it is the Complainant's opinion that \"AVG\" has been recognized as a common law mark at the time of the first registration of the disputed domain name especially in consideration of the fact that the Complainant was under significant media attention in 2004 when it has launched its \"AVG\" Anti-Virus 7 version.\r\n\r\nAccording to the Complainant, the disputed domain name <wwwavg.com> is identical to the Complainant´s registered trademark \"AVG\" and it is also identical to the domain name linked to the official website of the Complainant <avg.com>.\r\n\r\nThe Complainant informs that no evidence suggests that the Respondent has been commonly known within the consumers by the disputed domain name or by the name \"AVG\" entirely reproduced in the disputed domain name before the beginning of the present dispute.  The Complainant also states that it did never grant any license or authorization to register or use the disputed domain name to the Respondent.\r\n\r\nFinally, the Complainant points out that the domain name in dispute is used to redirect users to Complainant's website and, in the Complainant's view, this use of the domain name is an indication of bad faith. ",
    "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\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": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2021-05-10 00:00:00",
    "informal_english_translation": "The Complainant is the owner of different trademark registrations for \"AVG\". In particular Avast Software s.r.o. owns, among others:\r\n\r\n- International Registration for \"AVG\" no. 930231 registered on February 2, 2007 and duly renewed for classes 09, 37 and 42;\r\n\r\n- EU trademark for \"AVG\" no. 3893716 filed on June 24, 2004, registered on August 29, 2005 and duly renewed for classes 9, 16 and 42; and\r\n\r\n- U.S. trademark for \"AVG\" no. 3122712 filed on September 14, 2004, registered on August 1, 2006 and duly renewed for classes 9, 37 and 42.\r\n\r\nThe Complainant also relies on its use online of the domain name <avg.com> registered in 1994.\r\n\r\n",
    "decision_domains": {
        "WWWAVG.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}