{ "case_number": "CAC-UDRP-104926", "time_of_filling": "2022-10-14 09:05:57", "domain_names": [ "vivendiuniversal.fun" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "VIVENDI" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Hong Jie" ], "respondent_representative": null, "factual_background": "
According to the facts included in the complaint, the Complainant is a French multinational mass media conglomerate headquartered in Paris with activities in music, television, film, video games, telecommunications, tickets and video hosting service.<\/span><\/div>\n
\n

The disputed domain name <vivendiuniversal.fun> was registered on the 1 August, 2022 and is not currently used in connection with any goods or services as it results in an inactive webpage.<\/span><\/p>\n

No information is known about the Respondent Hong Jie, who registered the disputed domain name <\/span><vivendiuniversal.fun> <\/span>under a privacy protection service. <\/span><\/p>\n<\/div>", "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.<\/p>", "no_response_filed": "

COMPLAINANT' CONTENTIONS:<\/span><\/p>\n

Identical or confusingly similar<\/strong><\/p>\n

The Complainant asserts that the disputed domain name <\/span><vivendiuniversal.fun> <\/span>and the registered trademarks of the Complainant are confusingly similar. <\/span><\/p>\n

Particularly, the Complainant contends that the disputed domain name <\/span><vivendiuniversal.fun> <\/span>contains the main element of tits prior trademarks, i.e. the word <\/span>“Vivendi” <\/span>and considers the disputed domain name and the registered trademarks confusingly similar. <\/span><\/p>\n

No rights or legitimate interests<\/span><\/strong><\/p>\n

The Complainant asserts that that the Respondent is not commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent is making any businesses with the Complainant or the trademark owner. Indeed, the Complainant asserts that the Respondent is not identified in the Whois as the disputed domain name. <\/span><\/p>\n

Moreover, the Complainant states that the Respondent has no rights or legitimate interests in respect of the domain name <\/span><vivendiuniversal.fun> <\/span>and is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/span><\/p>\n

According to the Complainant, the Respondent has not made any use of disputed domain name since its registration.<\/span><\/p>\n

Registered and used in bad faith<\/span><\/strong><\/p>\n

As far as bad faith registration is concerned, the Complainant asserts that the name <\/span>“Vivendi”<\/span> <\/span>is worldwide-known, so that the Respondent certainly had full knowledge of the rights over the name <\/span>“Vivendi” <\/span>at the time of the disputed domain name’s registration.<\/span><\/p>\n

Moreover, the Complainant contends that, despite that the disputed domain name has not been used until now, the MX servers are configured so it may be actively used for email purposes. <\/span><\/p>\n

Thus, according to the Complainant, the incorporation of a well-established trademarks VIVENDI into the domain name, coupled with an inactive website\/parking page, may be evidence of bad faith registration and use.<\/span><\/p>\n

RESPONDENT'S CONTENTIONS:<\/span><\/p>\n

The Respondent has not submitted any Response and consequently has not contested any of the contentions made by the Complainant. <\/span><\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Hana Císlerová" ], "date_of_panel_decision": "2022-11-13 00:00:00", "informal_english_translation": "

The Complainant asserts to be owner of several<\/span> trademark registrations for the name “VIVENDI” including the following ones:<\/span><\/p>\n

    \n
  • international trademark registration No. 687855 VIVENDI, registered on 23 February, 1998; and<\/span><\/li>\n
  • international trademark registration No. 930935 VIVENDI, registered on 22 September, 2006.<\/span><\/span><\/li>\n<\/ul>\n

    <\/span>Besides the registered trademarks, the Complainant owns an important domain names portfolio containing the name “Vivendi” such as <vivendi.com>, registered on 12 November, 1997.<\/span><\/p>", "decision_domains": { "vivendiuniversal.fun": "TRANSFERRED" }, "panelist": null, "panellists_text": null }