Premiere Vision vs. PV (PreVision) Domain Name Dispute Decision
World Intellectual Property Organization Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Premiere Vision vs. PV (PreVision)
Case No.: D2009-1588
1. Parties
Applicant: Premiere Vision, Lyon, France (Lyon, France)
Applicant’s agent: Cabinet Germain & Maureau, France
Respondent: PV (PreVision), Seoul, Republic of Korea (Seoul, Republic of Korea)
2. Domain Name and Registrar
Domain name disputes are to be
3. Procedural History
Application, the applicant resolve the dispute November 25, 2009 World Intellectual Property Organization (WIPO) Arbitration and Mediation Center (the “Center” Supplemental Rules) was made on November 26, 2009 Center Cydentity, Inc. dba Cypack.com with respect to the disputed domain name resolution requests 등록인 were sent an email. November 27, 2009 Cydentity, Inc. dba Cypack.com emailed response to the center through the Respondent listed as the registrant and registration is confirmed that contacts were provided. Application of the Dispute Resolution Center Uniform Domain Name Dispute Resolution Policy ( “Policy”), this regulation on Rules ( “Rules”) and the Uniform Domain Name Dispute Resolution Policy for the WIPO Supplemental Rules ( “Supplemental Rules”) in accordance with checking whether the formal requirements were met.
Center Rules, Article 2 (a) Section and Paragraph 4 (a) Pursuant to December 14, 2009, “Dispute Notice Form and Commencement of Administrative Proceeding” to resolve conflicts with your application, express mail and international transport through the Respondent was sent to. Rules, Article 5 (a) pursuant to Respondent to submit a response to the January 2010 deadline for notification of three discretionary, but, due to the Respondent that he did not submit a Response Center, January 5, 2010 the Respondent Check the mijechul, was notified.
Therefore, the panel’s sole applicant named physician, the Center for Dispute Resolution of the Administrative Panel saw panel member Andrew J. Park was appointed a member of the panel as a declaration of independence, acceptance, and fair and accepted rules and procedures pursuant to Chapter 7 Panel January 13, 2010 was a legitimate configuration.
4. Factual
Complainant fabrics, textile and apparel trade show held for the fashion industry to the French company was founded, PREMIERE VISION and Seller, trademark and domain name are used. PREMIERE VISION trade fair of the applicant in the U.S., Russia, Brazil, Japan, and is being held all over the world including, France, within two times a year is being held. PREMIERE VISION Korea also are participating in trade fairs.
Complainant owns the following domain names are:
Domain Name
Registration Date
premiere-vision.com
30/04/2004
premierevision.com.cn
19/11/2003
premiere-vision.fr
30/04/2004
premierevision.fr
10/05/2004
premierevision.cn
25/01/2005
premierevision.org
08/04/2005
premierevision.info
08/04/2005
premierevision.biz
08/04/2005
premierevisionpluriel.com
27/04/2005
premierevision-pluriel.com
27/04/2005
premierevision.eu
09/07/2006
premiere-vision.eu
13/06/2006
premierevisionpluriel.eu
30/04/2006
premierevision-newyork.com
23/03/2006
premierevision.ru
31/03/2006
denimbypremierevision.com
21/06/2007
premierevision.it
11/12/2008
premierevision-jitac.com
28/09/2009
premierevision-tokyo.com
28/09/2009
premierevision-jitac.jp
30/09/2009
premierevision.jp
30/09/2009
All of the above are now the domain name of the applicant for a website connected to the trade fair business is being used.
Trademarks
Country
Application No.
Filing Date
Registration Number
Added
PREMIERE VISION
Argentina
2 042 850
01/08/1996
2 224 507
11/04/2008
PREMIERE VISION
Brazil
819 699 411
17/12/1996
819 699 411
06/11/2007
DENIM BY PREMIERE VISION
Brazil
829 304 606
18/09/2007
PREMIERE VISION
Chile
354 207
04/09/1996
807 899
13/06/2007
DENIM BY PREMIERE VISION
China
6 282 928
18/09/2007
PREMIERE VISION
Colombia
96 045 192
26/08/1996
194 421
24/02/1997
PREMIERE VISION
European Union
000 301 002
14/06/1996
000 301 002
14/11/2001
DENIM BY PREMIERE VISION
European Union
006 275 441
13/09/2007
006 275 441
20/06/2008
PREMIERE VISION
France
95 598 308
16/11/1995
95 598 308
16/11/1995
PREMIERE VISION
France
1 048 705
05/04/1978
1 625 674
21/03/1988
PREMIERE VISION PLURIEL
France
05 3 357 173
03/05/2005
05 3 357 173
03/05/2005
PREMIERE VISION
Hong Kong
96 07850
29/06/1996
8108/1999
28/06/1996
DENIM BY PREMIERE VISION
Hong Kong
300 954 171
13/09/2007
300 954 171
13/09/2007
PREMIERE VISION
International Registration
658 409
18/06/1996
658 409
18/06/1996
PREMIERE VISION
Israel
106 047
27/06/1996
106 047
27/06/1996
PREMIERE VISION
Japan
8-91378
13/08/1996
4 244 726
26/02/1999
PREMIERE VISION
Japan
8-91377
13/08/1996
4 158 140
19/06/1998
PREMIERE VISION
Republic of Korea
96-8025
04/07/1996
41 764
17/03/1998
DENIM BY PREMIERE VISION
Russia
2007728398
14/09/2007
368 537
25/12/2008
PREMIERE VISION
South Africa
96 08802
02/07/1996
96 08802
02/07/1996
PREMIERE VISION + LOGO
Switzerland
9673/1997
03/12/1997
452 741
08/07/1998
PREMIERE VISION
Taiwan
(85) 32091
29/06/1996
092 820
01/08/1997
PREMIERE VISION
Tunisia
EE96.0781
27/06/1996
EE96.0781
27/06/1996
PREMIERE VISION
Turkey
99/010669
02/07/1999
99/010669
02/07/1999
PREMIERE VISION
United States
649 525
16/03/1987
1 541 813
30/05/1989
PREMIERE VISION EUROPEAN PREVIEW NEW YORK
United States
78/662,869
01/07/2005
3 162 034
24/10/2006
DENIM BY PREMIERE VISION
United States
77/279,897
14/09/2007
3 632 228
02/06/2009
The disputed domain name was registered in April 2002 to 30 days.
5. Parties’ Contentions
A. Respondent’s claim
The applicant’s claim in as follows:
(i) Respondent’s right to bunjaengdomeinyireung
(ii) the Respondent regarding the disputed domain name does not have any rights or legitimate interests.
(iii) The Respondent registered the disputed domain name in bad faith and is being used.
The first applicant at the port of the disputed domain name Respondent
The disputed domain name associated with the applicant’s e-mail and the second one three times, including a certified letter to take over the Respondent was contacted. However, the Respondent’s fake phone numbers for the Camera and the applicant’s e-mail to the applicant’s silence, these efforts were not successful applicants were unable contents of the new certificate to the applicant returned to the payee was unknown.
B. Respondent’s claim
Respondent is the applicant’s claims against the above did not provide any answers.
6. Review and determine
Policy Paragraph 4 (a) section of the Applicant and the Respondent of the disputed domain name, transfer or cancellation is intended to apply for relief in order to receive all of the following three requirements must be proven.
(i) the applicant has the right to a trademark or service mark registration of the domain name is identical or confusingly similar to you’re all about,
(ii) the registration of the domain name registrant rights or legitimate interests for the ahnihada not have one, and
(iii) registered the domain name in bad faith registration and use is being said.
Respondent Rules, Article 5 (a) section in under the deadline to file a response has not submitted a response to the Panel that the applicant’s claim is based on the applicant’s decision to accept the fact that both claims can be . In addition, the Panel regarding the Respondent in breach of the duty to make reasonable inferences can be. Talk City, Inc. v. Michael Robertson, WIPO Case No. D2000-0009 Reference.
A. Trademarks and domain names identical or similarity
Registered the domain name of the applicant from the previous, already associated with PREMIERE VISION and owned many brands have been registered. In addition, the applicant around the world PREMIERE VISION widely used by the Seller and the brand has a lot of evidence has been presented. The disputed domain name Complainant’s trademark and generic top-level domain “. Com” consists of. However, the top-level domain, ie, “. Com”, “. Org”, “. Net” domain names and trademarks, etc. The similarity of the same, or does not affect the decision. Magnum Piering, Inc. v. The Mudjackers and Garwood S. Wilson, Sr., WIPO Case No. D2000-1525; Rollerblade, Inc. v. Chris McCrady, WIPO Case No. D2000-0429 Reference. Therefore the Panel that the Complainant’s trademark and the disputed domain name confusingly similar to the applicant and the provisions Article 4 (a) protest requirement is considered met.
B. Respondent’s rights or legitimate interests
Policy Paragraph 4 (c) the Respondent in the following paragraph only if the domain name will have no rights or legitimate interests.
(i) Respondent’s domain name dispute before a notice to the provision of goods or services without the disputed domain name in bad faith or was used to prepare it for use, and there was a significant case,
(ii) the Respondent (individual, corporation or other entity as) though does have a trademark or service mark rights, even if the disputed domain name had been widely recognized in the general case, or
(iii) Respondent used the disputed domain name for commercial purposes, and to misleadingly divert consumers or dilute the problem sidoen trademarks or service marks of others without a legitimate noncommercial or fair use if you are using.
Once the applicant for the domain name, Respondent had no rights or legitimate interests alleged sufficient evidence, the (prima facie), For Respondent the disputed domain name to prove their rights and legitimate interests will be responsible for proof. If the Respondent fails to prove that the applicant Policy Paragraph 4 (a) (ii) the content will be considered. Croatia Airlines d.d. v. Modern Empire Internet Ltd., WIPO Case No. D2003-0455 Reference.
PREMIERE VISION Respondent to the Complainant’s trademark registration, or use no bar against the grant of any permission. Respondent is commonly known by the disputed domain name does not exist in any record that the Respondent registered the disputed domain name before Complainant’s trademark PREMIERE VISION from the applicant and to know the bar was not denying that. In addition, since the Respondent registered the disputed domain name, the objection raised by nine months the Respondent used the domain or a substantial ready to use, and that there was not any evidence. Respondent is currently in the disputed domain name to connect to any website is not just a passive only be owned by the disputed domain name only. View of these facts when the Respondent for the disputed domain name has no rights or legitimate interests can not have too. Archipelago Holdings LLC v. Creative Genius Domain Sales and Robert Aragon d / b / a / Creative Genius Domain Name Sales, WIPO Case No. D2001-0729 Reference. Therefore, the Respondent registered the disputed domain name and its provisions Article 4 (c) (i), (ii), (iii) is not applicable to everyone.
The administrative panel reviewed all the information on the general rights of the Complainant and the Respondent no legitimate interests hayeotdago watching enough evidence, therefore, disputes about the rights and legitimate interests in the domain name of the Respondent to prove that we believe are responsible. The Respondent did not submit a response to the disputed domain name also did not submit any claims. Josahaebon direct the Panel Bar, the Respondent registered the disputed domain name listed above provisions for Article 4 (c) the corresponding paragraph has rights or legitimate interests could not find any evidence.
Therefore the Panel that the Respondent regarding the disputed domain name has no rights or legitimate interests are not considered.
C. Respondent’s bad faith
Policy Paragraph 4 (a) (iii) in Section 2 that the Respondent registered the disputed domain name in bad faith and the applicant is responsible for proving hayeotdaneun. World Wrestling Federation Entertainment, Inc. v. Michael Bosman, WIPO Case No. D1999-0001; Shaw Industries Group, Inc. and Columbia Insurance Company v. DomainsByProxy, Inc. and Patti Casey, WIPO Case No. D2007-0555; Patrick Pawlicki v. The Plastiform Company, WIPO Case No. D2007-1206.
The applicant submitted that the Panel investigated and reviewed all the information analyzed According to Respondent “Premiere Vision” in the name of a legitimate non-commercial or commercial activities, you can not find any evidence that hayeotdaneun. In addition, the Respondent registered the disputed domain name when it was revealed fake all the listed contacts for the Panel was that the Respondent is trying to hide the identity of the person intentionally false contact information listed to be considered. PREMIERE VISION trademark of the Complainant’s famous castle not considering the disputed domain names Respondent could legitimately use and can not find any evidence. In addition, the Respondent registered the disputed domain names are registered trademarks of the applicant at the time did not know about that estimate can not find a reason to do. Therefore the Panel that the Respondent registered the disputed domain name in bad faith and believe is being used.
This domain name is registered a substantial period of time without having to use if you are just passively boyuman the domain name in bad faith “use” recognized as one example Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003 Can be found at. Telstra The case of the panel to consider the following circumstances the disputed domain name when Respondent is passively boyuman hayeotdeorado Respondent’s use of the domain name in bad faith could have acted had assumed.
(i) other countries including Australia, is widely used in the Complainant’s trademark applicants are seen as a very strong brand recognition and has prominent.
(ii) The Respondent used the disputed domain name was actually in good faith, or those planning to present any evidence that did not hayeotdaneun.
(iii) the Respondent concealed the identity of the person to an unregistered trade name used.
(iv) Respondent intentionally provided false contact them since not only did not correct it is violation of terms of registration.
(v) Considering all these facts, the respondent was someone else’s brand, representing their own to commit fraud or a violation of consumer rights law, or infringe the rights of the applicant under trademark law and commit illegal acts The disputed domain name without actually using or planning to use such that it is impossible expectations.
The Administrative Panel of the Respondent’s passive holding of the disputed domain name in bad faith can be used to agree. Polaroid Corporation v. Jay Strommen, WIPO Case No. D2005-1005; The Knot, Inc. v. In Knot We Trust LTD, WIPO Case No. D2006-0340 Reference.
The Administrative Panel submitted the applicant’s claim and the fact that all the information the applicant accepts the provisions Article 4 (a) (iii) as required in Section Respondent registered the disputed domain name in bad faith and are available for use enough to be considered proven.
7. Determined
The foregoing reasons, the Panel rules that Article 4 (i) This Section and Section 15 of the Rules, the applicant’s request to transfer the applicant to determine the
Andrew J. Park
Sole Panelist
Date: January 27, 2010
