{
    "case_number": "CAC-UDRP-104599",
    "time_of_filling": "2022-05-23 09:03:41",
    "domain_names": [
        "hennessy24.biz"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Jas Hennessy & Co"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Ivan Karalenko"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nFounded in 1765 by Richard Hennessy, the Complainant is a cognac house with headquarters in Cognac, France. As a part of the LVMH (Louis Vuitton Moët-Hennessy) group, the Complainant sells about 70 million bottles every year worldwide and is now the top French wine and spirits brand by value in the world.\r\n\r\nThe Complainant is the owner of several international trademarks and of several domain names including the trademark HENNESSY.\r\n\r\nThe disputed domain name was registered on April 8, 2022 and redirected to an online shop offering drugs such as marijuana and cocaine. At the date of the complaint, the disputed domain name is inactive.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademarks HENNESSY and domain names associated.\r\n\r\nThe Complainant contends that the addition of the number “24” is not sufficient to escape the finding that the domain name is confusingly similar to the trademarks HENNESSY. It does not prevent the likelihood of confusion between the disputed domain names and the Complainant, its trademark and domain names associated. It is well-established that a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP. \r\n\r\nFurthermore, the Complainant contends that the addition of the generic top-level domain “.BIZ” does not change the overall impression of the designation as being connected to the trademarks HENNESSY. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademarks and its domain names associated. \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 Respondent is not known by the Complainant. The Complainant contends that the Respondent is not affiliated with nor authorized by the Complainant in any way. The Complainant does not carry out any activity for, nor has any business with the Respondent.\r\n\r\nNeither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark, or apply for registration of the disputed domain name.\r\n\r\nFurthermore, the disputed domain name redirected to an online shop dedicated to the sale of illegal products. At the date of the complaint, the disputed domain name is inactive. The Complainant contends that the Respondent is not making a bona fide offering of goods or services by means of the disputed domain name, or a legitimate non-commercial or fair use of it.\r\n\r\nThus, the Complainant contends that the Respondent has no rights or legitimate interest in the disputed domain name.\r\n\r\nThe Complainant states that the disputed domain name is confusingly similar to its trademarks HENNESSY. All the Google results for the term “HENNESSY” refers to the Complainant. Thus, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademarks, which is a hallmark of bad faith. \r\n\r\nThus, the Complainant contends that the Respondent has registered and used the disputed domain name with full knowledge of the Complainant's trademark.\r\n\r\nFurthermore, 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 it is not possible to conceive of any plausible actual or contemplated active use of the disputed domain name by the Respondent that would not be illegitimate. As prior UDRP panels have held, the incorporation of a famous mark into a domain name, coupled with an inactive website, may be evidence of 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",
    "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": "2022-06-26 00:00:00",
    "informal_english_translation": "The Complainant is the owner, among others, of the following trademarks “HENNESSY”:\r\n\r\n- international trademark HENNESSY no 315189 registered on June 16, 1966, for goods and services in classes 32 and 33;\r\n\r\n- US trademark HENNESSY no 2133630 registered on November 10, 1994, for goods and services in classes 9 and 41.\r\n\r\n\r\nThe disputed domain name <hennessy24.biz> was registered on April 8, 2022. \r\n",
    "decision_domains": {
        "HENNESSY24.BIZ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}