{ "case_number": "CAC-UDRP-105361", "time_of_filling": "2023-04-17 09:41:15", "domain_names": [ "myvivendi.net" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "VIVENDI" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Nikhilesh Rao Appadu (Mgssnf)" ], "respondent_representative": null, "factual_background": "

The Complainant is a French multinational mass media conglomerate headquartered in Paris. The company has activities in music, television, film, video games, telecommunications, tickets and video hosting service. With 38 315 employees, the Complainant’s total revenues amounted to EUR 9.6 billion worldwide in 2022.<\/span><\/p>\n

The Complainant also owns the domain names <vivendi.com>, registered on 12 November 1997, and <vivendi.net>, registered on 28 May 1998, which it uses for its online presence.<\/span><\/p>\n

The disputed domain name <myvivendi.net> was registered on 10 April 2023 and resolves to an error webpage. It has mail exchange (“MX”) settings enabled.<\/span><\/p>", "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:<\/p>\n

The Complainant contends that the disputed domain name is confusingly similar to its  distinctive and worldwide known VIVENDI trademark, which it includes in its entirety. The Complainant asserts that the addition of the dictionary word “my” is not sufficient to exclude the confusing similarity between the disputed domain name and the VIVENDI trademark.<\/span><\/p>\n

The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name, as it is not commonly known under it and is not affiliated to the Complainant, who has not given any authorization to the Respondent to use the Complainant’s VIVENDI trademark. The Complainant contends that Respondent does not use the disputed domain name as it resolves to an error page.<\/span><\/p>\n

The Complainant contends that the disputed domain name was registered and is being used in bad faith. According to the Complainant, its VIVENDI trademark is distinctive and known worldwide, so it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant’s trademark. 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 it by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. <\/span><\/p>\n

Finally, the Complainant submits that mail exchange servers are configured for the disputed domain name, which suggests that it may be actively used for email purposes. According to the Complainant, it is inconceivable that the Respondent would be able to use the disputed domain name as part of an e-mail address in good faith.

<\/span><\/p>\n

RESPONDENT:<\/p>\n

The Respondent did not submit a Response in this proceeding.<\/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": [ "Assen Alexiev" ], "date_of_panel_decision": "2023-05-16 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following trademark registrations of the sign “VIVENDI” (the “VIVENDI trademark”):<\/span><\/p>\n

- the International trademark VIVENDI (word) with registration No.687855, registered on 23 February 1998 for goods and services in International Classes 9, 35, 36, 37, 38, 39, 40, 41 and 42; and<\/span><\/p>\n

- the International trademark VIVENDI (combined) with registration No.930935, registered on 22 September 2006 for goods and services in International Classes 9, 16, 28, 35, 36, 38, 41 and 42.<\/span><\/p>", "decision_domains": { "myvivendi.net": "TRANSFERRED" }, "panelist": null, "panellists_text": null }