WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION MG Licensing Europe S.A.R.L. v. Dmitri Novak Case No. DCC2018-0008 1. The Parties

Complainant is MG Licensing Europe S.A.R.L. of Luxembourg, represented by SafeNames Ltd., United Kingdom of Great Britain and Northern Ireland (“United Kingdom”).

Respondent is Dmitri Novak of the Russian Federation1 . 2. The Domain Name and Registrar

The disputed domain name is registered with eNom, Inc. (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on June 27, 2018. On June 29, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On June 29, 2018, the Registrar transmitted by email to the Center its verification response confirming that 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 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on July 3, 2018. In accordance with the Rules, paragraph 5, the due date for Response was July 23, 2018. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on July 24, 2018.

The Center appointed Stephanie G. Hartung as the sole panelist in this matter on July 31, 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

Complainant is a company organized under the laws of Luxembourg that is associated with the Internet pornography entity MindGeek.

Complainant has provided evidence that it is the registered owner of numerous trademarks relating to the designation “My Dirty Hobby”, including the following with protection for the European Union:

- Word mark MY DIRTY HOBBY, European Intellectual Property Office (EUIPO), Registration No.: 005686787, Registration Date: December 3, 2007, Notification of Change of Name of Complainant as Trademark Owner on April 8, 2014, Status: Active.

Complainant, moreover, owns the domain name which redirects to Complainant’s official website at “www.” where it features several services, either free of charge or at fee, including chats and cam services relating to adult content on the Internet.

Respondent registered the disputed domain name on June 5, 2014. The disputed domain name previously resolved to a website displaying pornographic content, copying elements of Complainant’s website, including Complainant’s logo displayed in the top left corner of the screen. As of the time of the rendering of this decision, the disputed domain name does not resolve to any content on the Internet.

Complainant’s authorized representative sent a cease-and-desist letter to Respondent at the email address provided for in the WhoIs information for the disputed domain name on March 22, 2018. On the same day, Respondent replied asking if the redirection of all traffic to another domain name would be sufficient to solve the matter and later removed the website content earlier hosted under the disputed domain name. The Parties subsequently exchanged various emails, e.g., on March 23, 2018, March 29, 2018, April 6, 2018, April 12, 2018 as well as May 23, 2018 on a possible transfer of the disputed domain name from Respondent to Complainant which so far has not taken place.

Complainant requests that the disputed domain name be transferred to Complainant. 5. Parties’ Contentions A. Complainant

Complainant contends that its My Dirty Hobby brand was initially launched in 2006 with meanwhile over 5 million registered members as of January 2017. Complainant states that its My Dirty Hobby brand has become well known in the adult entertainment industry enlisting customers from a wide geographical reach and offering services in the English, German, French and Italian languages. Moreover, Complainant claims to be very active also on social media websites and to enjoy first hits on popular search engines such as Google when entering the designation “My Dirty Hobby”.

Complainant submits that the disputed domain name is confusingly similar to Complainant’s MY DIRTY HOBBY trademark as it incorporates the latter in its entirety with the mere addition of the descriptive term “free”. Moreover, Complainant asserts that Respondent has no rights or legitimate interests in respect of the disputed domain name since (1) Respondent apparently neither has registered any trademarks for the terms “my dirty hobby” or “my dirty hobby free” nor is Respondent known or has it ever been known thereunder and Respondent has never been authorized by Complainant to register and use the disputed domain name, (2) before notice to Respondent of this dispute, the disputed domain name resolved to an active website displaying pornographic videos for users to watch freely while using Complainant’s MY DIRTY HOBBY distinctive logo in the left top corner of said website and copying structural parts from Complainant’s own website. Finally, Complainant argues that Respondent registered and is using the disputed domain name in bad fait