WIPO Domain Name Decision D2018-2099 for cnnlivestream.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Cable News Network, Inc. v. Domain Admin, Privacy Protect, LLC (PrivacyP) / Vitalii Yuhimyuk Case No. D2018-2099 1. The Parties
The Complainant is Cable News Network, Inc. of Atlanta, Georgia, United States of America (“United States”), represented by Winterfeldt IP Group PLLC, United States.
The Respondent is Domain Admin, Privacy Protect, LLC (PrivacyP) of Burlington, Massachusetts, United States / Vitalii Yuhimyuk of Lutsk, Ukraine. 2. The Domain Name and Registrar
The disputed domain name is registered with PDR Ltd. d/b/a PublicDomainR (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on September 13, 2018. On September 14, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On September 15, 2018, 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 September 17, 2018, 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 September 19, 2018.
The Center verified that the Complaint and 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”).
On September 19, 2018 and September 20, 2018, the Center received email communications from the Respondent. In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on September 21, 2018. On September 25, 2018, the Center received an email communication from the Respondent. On September 27, 2018, the Center received an email communication from an unknown sender. In accordance with the Rules, paragraph 5, the due date for Response was October 11, 2018.
On October 16, 2018, the Center notified the Parties that it would commence the panel appointment process. The Center appointed Adam Taylor as the sole panelist in this matter on October 16, 2018. 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 the well-known United States cable television network, known as “CNN”, which was launched on June 1, 1980, and currently reaches more than 96 million households and 890,000 hotel rooms. The Complainant’s website at “” is one of the most popular news websites in the world.
The Complainant’s services include live online streaming of video content through the “CNN GO” streaming service, available through “” as well as via the Complainant’s various mobile applications.
The Complainant owns many registered trade marks for “CNN” worldwide including United States trade mark no. 1597839 for the stylised term “CNN”, filed on October 6, 1989, registered on May 22, 1990, in class 38.
The disputed domain name was registered on February 21, 2018.
It has been used to resolve to a website entitled “CNN Live Stream 24/7”, including headings such as “CNN News watch online” and “CNN News Live”. The website carried a live stream of the Complainant’s broadcasting content as well as similar content from the Complainant’s competitors. In addition, the website contained a range of banner advertisements plus a link to a “Buy me a coffee” donation platform.
A disclaimer at the bottom of the home page stated that the website only contained material from third party TV channels which were “freely available on all Internet”, that it did not “claim to be affiliated in any way with the broadcasted channels” and that “[a]ll content is copyright of their respective owners – CNN News”.
On May 31, 2018, the Complainant sent a legal notice to the host of the Respondent’s website, which removed the website. The site was later reinstated with a different host, which did not respond to takedown requests.
The Respondent also owns the domain name . 5. Parties’ Contentions A. Complainant
A summary of the Complainant’s contentions is as follows:
The Complainant has developed considerable reputation and goodwill in the United States and worldwide and its trade marks are famous.
The disputed domain name fully incorporates, and is confusingly similar to, the Complainant’s trade marks. The terms “live” and “stream” enhance the similarity as they imply an authorised source for the Complainant’s content.
The Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent has never been authorised by the Complainant to use the Complainant’s marks.
The disputed domain name does not reflect the Respondent’s name.
The site at the disputed domain name does not constitute a bona fide offering as it is trading on the goodwill of the Complainant’s marks as used within the disputed domain name and it is also providing the Complainant’s copyrighted content without authorisation. Nor does such activity constitute legitimate noncommercial or fair use.
The Respondent has registered and used the disputed domain name in bad faith in accordance with the following provisions of the Policy:
paragraph 4(b)(ii): The Respondent has prevented the Complainant from reflecting its mark plus the descriptive term “live stream”, which directly relates to the Complainant’s services, in a domain name. The Respondent’s registration of indicates