{
    "case_number": "CAC-UDRP-100286",
    "time_of_filling": "2011-08-03 10:21:26",
    "domain_names": [
        "dyl.com"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "DYL, LLC"
    ],
    "complainant_representative": "Marvin Kirby Roberts III",
    "respondent": [
        "Lydia Lafont"
    ],
    "respondent_representative": null,
    "factual_background": "The complainant, DYL, is a Limited Liability Company formed and registered under the laws of the State of Ohio. It has used \"DYL\" as a trade name since formation and has a pending registration (applied for on July 25, 2011) for \"DYL\" before the USPTO (Serial No. 85380410) under ICs 009 & 035 for \"software providing on-line telephone transfers, hosted CoIPL phone systems, and lead management for sales leads.\" Additionally, DYL is the owner of \"Dial Your Leads\", a trademark registered on March 1, 2011 with the USPTO (Registration No. 3924384) under IC 035 for \"business referral services, namely, promoting the goods and services of others by passing business leads and orders to advertisers\" and owns and operates the domain dialyourleads.com, where complainant offers such services as described above and sets its terms of use as DYL, LLC. \r\n\r\nThe disputed domain name has been registered on 28 October 1997. The disputed domain name is presently not used to host a website. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nComplainant considers the Disputed Domain Name \"DYL.com\" to be identical to the complainant's company name (\"DYL\"), tradename (\"DYL\"), pending trademark registration with the USPTO (\"DYL\"), and its common law trademark (\"DYL\"). Additionally, Complainant considers the Disputed Domain Name to be composed of an acronym that is confusingly similar to complainant's USPTO registered and common law trademark \"Dial Your Leads\".\r\n\r\nFurthermore, Complainant considers Respondent not to have any rights or legitimate interest in the domain name and that such is shown by the fact that Respondent was merely passively holding the domain name.\r\n\r\nFinally Complainant contends that the Disputed Domain Name was registered and is being used in bad faith.\r\n\r\n\r\nRESPONDENT:\r\n\r\nRespondent claims to be the CEO of DYL LLC France and to be active in the garment industry. Respondent states not to recognize any jurisdiction other than in France. Furthermore, Respondent argues that there can be no confusion between the Disputed Domain Name and Complainant’s trademark, since Respondent is not active in the same type of business. Respondent also claims to have a legitimate interest in the Disputed Domain Name as it would have been using the domain name mainly for communication purposes rather than for website activity. Respondent considers that this evidences the absence of bad faith. ",
    "rights": "The Complainant has not shown, to the satisfaction of the Panel, that the Domain Name is identical or confusingly similar to a trademark or service mark in which the complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy).\r\n\r\n",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy).",
    "bad_faith": "The Complainant has not shown , to the satisfaction of the Panel, that the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).",
    "procedural_factors": "The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.",
    "decision": "Rejected",
    "panelists": [
        "Flip Petillion"
    ],
    "date_of_panel_decision": "2011-09-19 00:00:00",
    "informal_english_translation": "The complainant, DYL, is a Limited Liability Company formed and registered under the laws of the State of Ohio. It has used \"DYL\" as a trade name since formation and has a pending registration (applied for on July 25, 2011) for \"DYL\" before the USPTO (Serial No. 85380410) under ICs 009 & 035 for \"software providing on-line telephone transfers, hosted CoIPL phone systems, and lead management for sales leads.\" Additionally, DYL is the owner of \"Dial Your Leads\", a trademark registered on March 1, 2011 with the USPTO (Registration No. 3924384) under IC 035 for \"business referral services, namely, promoting the goods and services of others by passing business leads and orders to advertisers\" and owns and operates the domain dialyourleads.com, where complainant offers such services as described above and sets its terms of use as DYL, LLC.",
    "decision_domains": {
        "DYL.COM": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}