{
    "case_number": "CAC-UDRP-104189",
    "time_of_filling": "2021-11-25 09:32:13",
    "domain_names": [
        "vivendigrouptv.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "VIVENDI"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Rádio e Televisão Record"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a French multinational mass media conglomerate headquartered in Paris. According to the Complainant, the company has activities in music, television, film, video games, telecommunications, tickets and video hosting service and employs about 37 074 people with a total revenue of €8.7 billion worldwide in 2020.\r\n\r\nThe disputed domain name was registered on November 18, 2021 and redirect to the Complainant’s official website https:\/\/www.vivendi.com\/.    ",
    "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\nCOMPLAINANT:\r\n\r\nAs regards the First element of the Policy, the Complainant supports that the disputed domain name is confusingly similar to its VIVENDI trademarks. The addition of the words \"GROUP\" and \"TV\" do not exclude the similarity between <vivendigrouptv.com> and the trademark VIVENDI as they have a dictionary meaning which is close to the Complainant's business.\r\n\r\nAs regards the second element of the Policy, the Complainant denies that the Respondent has been authorized to use the trademarks \"VIVENDI\" in the disputed domain name. According to the Complainant's submissions, the Respondent is not known by the disputed domain name and has never been affiliated with Vivendi nor authorized by him in any way to use the VIVENDI trademark.\r\n\r\nFurthermore the Complainant considers that the current use of <vivendigrouptv.com> does not amount to a bona fide offering of goods or services by means of the disputed domain name, nor to a legitimate non-commercial or fair use of it.\r\n\r\nAs regards the third element of the Policy, the Complainant supports that the disputed domain name was registered. According to its submissions, the registration of \"group\" and \"tv\" combined with Vivendi shows that the Respondent was aware of the Complainant operated a business under the trademark VIVENDI.\r\n\r\nMoreover, the fact that <vivendigrouptv> redirects to the official VIVENDI website is considered a use in bad faith of the domain name.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent filed a reply to the complaint supporting that it had no intention of harm the Complainant. With the registration of <vivendigrouptv.com> the Respondent allegedly wanted to create a partnership with VIVENDI in Brazil. ",
    "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.\r\n\r\nThe Panel raises no objection to the Complainant's request for the change of the language of the case from Italian (language of the registration agreement) to English. In addition to the reasons for such request explained in the Non standard communication of November 25, the Panel notes that the Respondent's reply is in English. This fact proves that the Respondent has a good knowledge of the English language and justifies that the fact that the language of this proceeding is English.  ",
    "decision": "Accepted",
    "panelists": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2021-12-22 00:00:00",
    "informal_english_translation": "The Complainant owns the following trademark registration for “VIVENDI”: \r\n\r\n- International trademark VIVENDI® n° 687855, registered and renewed since February 23, 1998;\r\n\r\n- International trademark VIVENDI® n° 930935 registered and renewed since September 22, 2006.\r\n\r\n\r\nThe Complainant also owns the domain name <vivendi.com> (registered on November 12, 1997).  ",
    "decision_domains": {
        "VIVENDIGROUPTV.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}