{
    "case_number": "CAC-UDRP-104235",
    "time_of_filling": "2021-12-15 09:14:44",
    "domain_names": [
        "vivendise.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "VIVENDI"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Gba Bitico"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nPARTIES’ CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n• The disputed domain name is identical or confusingly similar to the protected mark\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 trademark, as it incorporates the trademark in its entirety.\r\n\r\nAccording to the Complainant, the addition of letters “SE” (for \"European society\" in French) to the trademark VIVENDI is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark and branded goods VIVENDI.\r\n\r\n\r\n• Respondent does not have any rights or legitimate interest in the disputed domain name\r\n\r\nAs regards the second element of the Policy, the Complainant denies that the Respondent has been authorized to use the trademark VIVENDI in the disputed domain name. According to the Complainant, the Respondent is not known by the Complainant and has never been affiliated with the Complainant nor authorized by the Complainant in any way to use the VIVENDI trademark.\r\n\r\nFurthermore, the Complainant considers that the current use of disputed domain name <vivendise.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\nFinally, the Complainant claims, that the Respondent uses the disputed domain name to further a phishing scheme.\r\n\r\nTherefore, the Complainant contends that the Respondent has no right nor legitimate interest in respect of the disputed domain name.\r\n\r\n\r\n• The disputed domain name has been registered and is being used in bad faith\r\n\r\nAs regards the third element of the Policy, the Complainant contends that the Respondent has registered the disputed domain name and uses it in bad faith. \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 disputed domain name with full knowledge of the Complainant's trademark. According to the Complainant, impersonating a complainant by use of a complainant’s mark in a fraudulent phishing attempt is disruptive and 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.",
    "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 <vivendise.com>.",
    "no_response_filed": "RESPONDENT:\r\n\r\nNO 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": [
        "Mgr. Barbora Donathová, LL.M."
    ],
    "date_of_panel_decision": "2022-01-19 00:00:00",
    "informal_english_translation": "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 42,526 people with total revenue of €16,090 worldwide in 2020.\r\n\r\nThe Complainant owns the following trademark registrations 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).\r\n\r\nThe disputed domain name <vivendise.com> was registered on November 5, 2021.",
    "decision_domains": {
        "VIVENDISE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}