{
    "case_number": "CAC-UDRP-100751",
    "time_of_filling": "2014-02-18 12:21:37",
    "domain_names": [
        "myart.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "My Art "
    ],
    "complainant_representative": "CHAIN AVOCATS",
    "respondent": [
        "Mark MIKULLITZ"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe My-Art Company has been registered on September 10th, 2010 at Bobigny, under the number B 524 782 737 Registre du Commerce et des Sociétés (RCS). Its head office is localised 11, rue Farcot – 93400 SAINT OUEN, FRANCE. \r\n\r\nThe My-Art Company has developed the website “www.my-art.com” to bring together, artists who want to sell their works and consumers who desire to buy original creations. \r\n\r\nSince its creation, The My-Art Company has developed and invested on its internet sale business activity. Indeed, The My-Art Company is now able to propose a big amount of choice of products and offers attractive prices without sacrificing the quality of the production. \r\n\r\nFor these reasons, The My-Art Company gained notoriety in France and the brand “My-art” has a reputation among French internet consumers. \r\n\r\nIn this context, the Complainant has decided to register the following trademark in France: “MY-ART”, registered on June 8th, 2010 under number 3744624, for goods and services class 9; 16; 35; 38; 40; 41.",
    "other_legal_proceedings": "There has been a previous decision regarding the same domain name (100281) -- see here after for more details.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the 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 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 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\nReason for additional fees : \r\nThis case is specific because the Complainant had already filed a complaint in the past, relating to the same domain name; this first complaint was dismissed. The new Complaint is largely similar to the first one; the main difference is that in the meantime, the domain name has been transferred. The Panel requested additional fee because this specificity needed additional work to be assessed properly. \r\n",
    "decision": "Accepted",
    "panelists": [
        "Mr. Etienne Wéry"
    ],
    "date_of_panel_decision": "2014-04-15 00:00:00",
    "informal_english_translation": "“MY-ART”, registered in France on June 8th, 2010 under number 3744624, for goods and services class 9; 16; 35; 38; 40; 41.",
    "decision_domains": {
        "MYART.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}