{
    "case_number": "CAC-UDRP-105006",
    "time_of_filling": "2022-11-24 09:42:50",
    "domain_names": [
        "vivendimanagement.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "VIVENDI"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "INDIA LOTH (Proficient Impressions LLC)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a French multinational conglomerate based in Paris. It is a mass media provider. It has almost 38,000 employees and in 2020, it enjoyed global revenues of &euro;8.7 billion. &nbsp;<\/p>\n<p>The disputed domain name was registered on 16 November 2021 and redirects to a 403 error page.&nbsp; The Respondent is an individual resident in India but little else is known about him.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>COMPLAINANT:<\/p>\n<p>The Complainant contends as follows.<\/p>\n<p>1.The disputed domain name is confusingly similar to its name and marks and includes the whole of its mark. That the addition of the generic word &ldquo;management&rdquo; adds nothing to the similarity analysis, nor does the gTLD. The findings of three other UDRP panels to the effect that it is a well-known mark should be followed. &nbsp;<\/p>\n<p>2.The Respondent is not known by the disputed domain name based on the information in the WHOIS. That is the relevant test. It is not authorised by and has no consent from the Complainant to make use of its name and marks. It has no use of its own to give rise to any legitimate rights or interests and there are no such interests.<\/p>\n<p>3.As to Bad Faith, the mark is well known, the Respondent has not come forward, there is no use and no rights or interests on the face of the matter, and it is reasonable to infer Bad Faith.<\/p>\n<p>RESPONDENT:<\/p>\n<p>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.&nbsp;<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Victoria McEvedy"
    ],
    "date_of_panel_decision": "2022-12-20 00:00:00",
    "informal_english_translation": "<p>The Complainant relies on its registered international marks. In particular, it relies on the following:<\/p>\n<p>1.The registered word mark, VIVENDI, No. 687855, registered from 23 February 1998 in classes 9, 35, 36, 37, 38, 39, 40, 41, 42 in Denmark, Finland, UK, Iceland, Lithuania, Norway, Sweden, Uzbekistan, Albania, Armenia, Austria, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Benelux Office for Intellectual Property, Belarus, Switzerland, China, Cuba, Czech Republic, Germany, Algeria, Egypt, Spain, Croatia, Hungary, Italy, Kyrgyzstan, Korea (Democratic People's Republic of), Kazakhstan, Liechtenstein, Liberia, Latvia, Morocco, Monaco, Moldova (Republic of), Montenegro, Macedonia (the former Yugoslav Republic of), Mongolia, Poland, Portugal, Romania, Serbia, Russian Federation, Sudan, Slovenia, Slovakia, Sierra Leone, San Marino, Tajikistan, Ukraine, Viet Nam.<\/p>\n<p>2.It also relies on the Logo Mark, a stylised version of the word mark, No. 930935, registered from 22 September 2006 in classes 9, 16, 28, 35, 36, 38, 41, 42 and in Antigua and Barbuda, Australia, Bahrain, Bonaire, Sint Eustatius and Saba, Cura&ccedil;ao, Denmark, Estonia, Finland, UK, Georgia, Greece, Ireland, Iceland, Japan, Korea (Republic of), Lithuania, Norway, Sweden, Singapore, Sint Maarten (Dutch part), Syrian Arab Republic, Turkmenistan, Turkey, Uzbekistan, Zambia, Albania, Armenia, Austria, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Bhutan, Benelux Office for Intellectual Property, Belarus, Switzerland, China, Cuba, Cyprus, Czech Republic, Germany, Algeria, Egypt, Spain, Croatia, Hungary, Iran (Islamic Republic of), Italy, Kenya, Kyrgyzstan, Korea (Democratic People's Republic of), Kazakhstan, Liechtenstein, Liberia, Lesotho, Latvia, Morocco, Monaco, Moldova (Republic of), Montenegro, Macedonia (the former Yugoslav Republic of), Mongolia, Poland, Portugal, Romania, Serbia, Russian Federation, Sudan, Slovenia, Slovakia, Sierra Leone, San Marino, Eswatini, Tajikistan, Ukraine, Viet Nam. &nbsp;<\/p>\n<p>It says it is a well-known mark and cites the findings of other UDRP panels to that effect. &nbsp;&nbsp;<\/p>\n<p>Its main domain is &lt;vivendi.com&gt;.<\/p>",
    "decision_domains": {
        "vivendimanagement.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}