Decisión del Panel Administrativo nº D2020-2639 of WIPO Arbitration and Mediation Center, November 26, 2020 (case Television Francaise 1 v. Nicolas Courtier, Channelstream)

• Resolution Date: November 26, 2020
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Generic Domains

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Television Francaise 1 v. Nicolas Courtier, Channelstream

Case No. D2020-2639

1. The Parties

The Complainant is Television Francaise 1, France, represented by Scan Avocats AARPI, France.

The Respondent is Nicolas Courtier, Channelstream, France.

2. The Domain Name and Registrar

The disputed domain name [telefoot-streaming.com] is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 9, 2020. On October 12, 2020, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On October 12, 2020, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on October 13, 2020 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on October 13, 2020.

The Center verified that the Complaint together with the amended 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on October 21, 2020. In accordance with the Rules, paragraph 5, the due date for Response was November 10, 2020. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on November 11, 2020.

The Center appointed Christiane Féral-Schuhl as the sole panelist in this matter on November 12, 2020. 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.

4. Factual Background

The Complainant is Television Francaise 1, also known as TF1, which is one of the European leading companies in the field of production and broadcasting TV programs founded in 1974 and which operates the first and oldest television channel in France.

This channel remains today one of the most watched one in Europe. Since 1977, the Complainant has been broadcasting the first weekly television show that is entirely devoted to football and has become the reference football TV show in France, attracting several hundred thousand TV viewers, and that is known as “Telefoot”.

“Telefoot” is now available in replay directly on the website of the Complainant.

Linked to this activity, the Complainant is the registered owner of numerous trademarks since the early 1980s consisting of or including the word “telefoot”, that have been continuously used in commerce since their registration, including:

1. the French semi-figurative trademark TELEFOOT TF No. 4507949 registered on December 13, 2018 in classes 16, 38 and 41;

2. the French word trademark TELEFOOT No. 99780742 registered on March 15, 1999 in classes 9, 28 and 41;

3. the French semi-figurative trademark TELEFOOT F No. 4230665 registered on December 2, 2015 in classes 9, 16, 24, 25, 28, 35, 38, 41 and 42;

4. the French figurative trademark TF TELEFOOT LA CHAINE DU FOOT No. 4675325 registered on August 18, 2020 in classes 9, 14, 16, 18, 21, 25, 28, 35, 38 and 41;

5. the French semi-figurative trademark TELEFOOT TF 1977 No. 4507962 registered on December 13, 2018 in classes 16, 38 and 41.

   The Complainant also owns several domain names including the word “telefoot”, such as:

6. [telefoot.com], registered on March 27, 2002 and duly renewed since then;

7. [telefoot.fr]...