{ "case_number": "CAC-UDRP-105629", "time_of_filling": "2023-07-17 11:32:23", "domain_names": [ "canal-plus.digital" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "GROUPE CANAL +" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "Domain Administration" ], "respondent_representative": null, "factual_background": "

THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS<\/p>\n

The Complainant states it is the leading French audiovisual media group and one of the global leaders in the production of “pay-TV” and theme channels, the bundling and distribution of “pay-TV” services.<\/p>\n

It claims to have 20.3 million of subscribers worldwide and a revenue of 5.268 billion euros.<\/p>\n

The Complainant offers various channels available on all distribution networks, VOD and streaming services.<\/p>\n

The Complainant alleges that the disputed domain name was registered on December 29, 2022 and resolves to a parking page with commercial links.<\/p>\n

The Complainant claims the disputed domain name is identical to its trademark since it includes the trademark in its entirety. The Complainant refers to previous UDRP decisions that confirmed Complainant’s trademark rights.<\/p>\n

The <.digital> gTLD shall be disregarded in the appreciation of identity or confusing similarity.<\/p>\n

<\/p>\n

THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME<\/p>\n

The Complainant asserts that the Respondent is not identified as the disputed domain name.<\/p>\n

The Complainant alleges that it does not carry out any activity for, nor has any business with the Respondent. Neither 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 by the Complainant.<\/p>\n

The disputed domain name points to a parking webpage displaying sponsored links. The Complainant contends that such use is not legitimate non-commercial or fair use of the disputed domain name.<\/p>\n

<\/p>\n

THE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH<\/p>\n

The Complainant claims that the disputed domain name has been registered many years after the Complainant had established a strong reputation and goodwill in its marks.<\/p>\n

The Complainant states the Respondent could not have ignored the Complainant’s trademark at the moment of the registration of the disputed domain name.<\/p>\n

The Respondent is using the disputed domain name in connection with a website which points to a parking webpage displaying sponsored links. The Complainant contends that such use is made only to attract Internet traffic and refers to past panels’ decisions.<\/p>\n

The Complainant alleges that by using the disputed domain name the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or other on-line location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or location or of a product or service on the respondent’s website or location, as mentioned by Policy, paragraph 4(b) (iv).<\/p>\n

Therefore, the Complainant claims the disputed domain name was registered and being used in bad faith.<\/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": "

The Complainant's contentions are summarized in the Factual Background section above.<\/span><\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>\n

<\/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": [ "Igor Motsnyi" ], "date_of_panel_decision": "2023-08-11 00:00:00", "informal_english_translation": "

In this proceeding the Complainant relies on the following trademark registrations:<\/p>\n