Decisión del Panel Administrativo nº D2015-0726 of WIPO Arbitration and Mediation Center, June 22, 2015 (case Prisma Media v. Ogier Rossignol)
| Resolution Date | June 22, 2015 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Prisma Media of Gennevilliers Cedex, France, represented by Fidal, France.
The Respondent is Ogier Rossignol of Alençon, France.
The disputed domain name [tvloisirs.com] is registered with GoDaddy.com, LLC. (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 22, 2015. On April 23, 2015, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 24, 2015, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on May 6, 2015. In accordance with the Rules, paragraph 5(a), the due date for Response was May 26, 2015. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 28, 2015.
The Center appointed Louis-Bernard Buchman as the sole panelist in this matter on June 8, 2015. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
The Complainant is a leading press publishing and digital media group in France, which was founded in 1978, and which launched in 1986 “Télé-Loisirs”, a magazine blending TV programs and leisure content. In addition, it launched 2003 with great success two television magazines “Télé 2 semaines” and “TV Grandes Chaines”.
As of the end of 2013, the Complainant had annual sales of over EUR 450 million, had more than 1,000 employees, and sold yearly 185 million magazines.
The Complainant is the owner of several trademark registrations, such as, inter alia, TV LOISIRS, registered in France under No. 1303842 since March 27, 1985 (“the Mark”).
The Complainant is also the registrant of many domain names, including inter alia [tele-loisirs.com], [teleloisirs.fr], [tele-loisirs.fr], [tele-loisir.fr] and [programme-tv.net].
The disputed domain name [tvloisirs.com] was created on July 30, 2014.
(i) The Complainant contends that the disputed domain name reproduces the Mark in which the Complainant has rights, and is confusingly similar to the Mark insofar as the disputed domain name, [tvloisirs.com], is...
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