{
    "case_number": "CAC-UDRP-103780",
    "time_of_filling": "2021-05-05 09:59:43",
    "domain_names": [
        "vivendimedia.net"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "VIVENDI"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "1337 Services LLC"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant asserts that the Respondent is not identified in the Whois as the disputed domain name. The Complainant also contends that the Respondent has no rights or legitimate interests in respect of the domain name <vivendimedia.net> and that he is not related in any way to the Complainant’s business.\r\n\r\nThe Complainant further contends that the Respondent is not affiliated with him nor authorized by him in any way to use the trademark VIVENDI. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nThe Complainant also puts forward that the website related to the disputed domain name is not used and contends that Respondent did not make any use of the disputed domain name since its registration. This confirms that Respondent has no demonstrable plans to use the disputed domain name. It demonstrates a lack of legitimate interests in respect of the disputed domain name.\r\n\r\nThe Complainant contends that the disputed domain name <vivendimedia.net> is confusingly similar to its distinctive and worldwide known trademarks VIVENDI and cites the decision in CAC Case No. 101875, VIVENDI v. Phoenix Global Organization Incorporated  in which the Panel held that [it] is convinced that the Trademarks [VIVENDI] are highly distinctive and well-established.\r\n\r\nBesides, the Complainant is a diversified content, media and communications group present worldwide, with 42,526 employees in 82 countries and € 16,090 million in revenue.\r\n\r\nGiven the distinctiveness of the Complainant's trademarks and reputation, the Complainant argues that it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademarks.\r\n \r\nAs the disputed domain name is inactive, the Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and that it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate under the laws of passing off, consumer protection legislation, or under trademark law.",
    "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",
    "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": [
        "Udo Pfleghar, B.A. "
    ],
    "date_of_panel_decision": "2021-06-09 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several international trademark registrations for the word “VIVENDI”, including\r\n- IR No. 687855 VIVENDI, registered and renewed since February 23rd, 1998;\r\n- IR No. 930935 VIVENDI, registered and renewed since September 22nd, 2006.\r\n\r\nThe Complainant also owns and communicates on Internet through various domain names, such as the domain name <vivendi.com>, registered on November 12th, 1997.",
    "decision_domains": {
        "VIVENDIMEDIA.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}