{
    "case_number": "CAC-UDRP-104379",
    "time_of_filling": "2022-03-01 08:44:34",
    "domain_names": [
        "viooh.xyz"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "VIOOH Limited"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "LIUQINGRU"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nLaunched in 2018, VIOOH Limited is a leading global digital out of home marketplace, combining data and technology, connecting buyers and sellers, all with full transparency.\r\n\r\nThe Complainant contends that addition of the gTLD suffix ‘’.XYZ” is not sufficient to escape the finding that the disputed domain name is identical to the Complainant's trademark and does not change the overall impression of the designation as being connected to its trademark.\r\n\r\nTherefore, the Complainant contends that the disputed domain name <viooh.xyz> is identical to Complainant’s trademark VIOOH.\r\n\r\nThe Complainant asserts that the Respondent is not identified in the WHOIS database as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name. Thus, the Respondent is not known as the disputed domain name.\r\n\r\nThe Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark VIOOH, or apply for registration of the disputed domain name by the Complainant.\r\n\r\nThe disputed domain name points to a webpage where the domain name is offered for sale. The Complainant contends that this general offer to sell the disputed domain name evidences the Respondent’s lack of rights or legitimate interest.\r\n\r\nTherefore, the Complainant contends that the Respondent has no right or legitimate interest in respect of the disputed domain name.\r\n\r\nThe Complainant states that the disputed domain name is identical to its trademark VIOOH, which has been registered several years before the registration of the disputed domain name.\r\n\r\nMoreover, the trademark VIOOH is registered in the Trade Mark Clearing House since April 12, 2018.\r\n\r\nBesides, the term “VIOOH” is highly related to the Complainant, as all the results of a simple Google search are related or refers to the Complainant and its financial support JCDECAUX.\r\n\r\nTherefore, the Complainant contends that it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of Complainant's rights in the trademark.\r\n\r\nMoreover, the Respondent does not make any use of the disputed domain name. The disputed domain name resolves to a webpage displaying a general offer to sell the domain.\r\n\r\nThe Complainant claims that the Respondent fails to make an active use of the disputed domain name. Past panels have held that failure to actively use a domain name is evidence of bad faith registration and use.\r\n\r\nFurthermore, the Complainant contends that the Respondent has registered the disputed domain name only in order to sell it back, which evinces bad faith registration and use.\r\n\r\nOn these bases, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\n\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": "No administratively compliant Response has been filed. ",
    "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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2022-04-03 00:00:00",
    "informal_english_translation": "The Complainant is the owner, among others, of the following trademarks “VIOOH”:\r\n- French trademark VIOOH no. 4404784 registered since November 15, 2017, for goods and services in classes 9, 35, 36, 38, 41 and 42;\r\n- international trademark VIOOH no. 1436571, registered on May 14, 2018, for goods and services in classes 9, 35, 36, 38, 41 and 42;\r\n- international trademark VIOOH no. 1434610, registered on May 14, 2018, for goods and services in classes 9, 35, 36, 38, 41 and 42.\r\n\r\nThe disputed domain name <viooh.xyz> was registered on February 21, 2022.",
    "decision_domains": {
        "VIOOH.XYZ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}