{
    "case_number": "CAC-UDRP-100417",
    "time_of_filling": "2012-03-07 09:49:42",
    "domain_names": [
        "мтел.com"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "Mobiltel EAD"
    ],
    "complainant_representative": null,
    "respondent": [
        "\"-\" (a hyphen)"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT:\r\n\r\nThe Complainant is the original telecommunication operator in Bulgaria providing electronic communication services under the Commission for Regulation of the Communications: Permission Nos. 01392\/08.04.2009,  01393\/08.04.2009,  01395\/08.04.2009 and 01357\/05.02.2009. It was also the first company in Bulgaria with a license to provide telecommunication services through a GSM network.  \r\n\r\nThe Complainant's Financial Reports for 2009 and 2010 value the Marks at BGN 514 383 000. \r\n\r\nThe Complainant's domain name is mtel.bg. \r\n\r\nThe domain мтел.com (\"the Disputed Domain Name\"), was registered by the Respondent ( \"-\" with administrative contact Ivan Yurukov) on 16 December 2009 and since  01.11.2011, has been hosted by  Godaddy.com LLC where it benefits from a privacy shield for WHOIS information.  \r\n\r\nOn 17.10.2011, the Respondent, through its administrative contact, Mr. Ivan Yurukov, sent an e-mail to the Chief Executive Officer of the Complainant, Mr. Andreas Maierhofer, in which the Respondent threatens the Complainant unless it acquires the Disputed Domain Name. \r\n\r\nThe Disputed Domain Name resolves to a web site used for collecting complaints about the Complainant. It describes itself as a: “Forum where you can share opinions and impressions” and includes several open threads (only the administrator can open a thread) about issues related to the Complainant`s services, e.g. \"Why there is a problem with the invoices?\" and  \"How you were deceived in a store and you received something you did not want\" and \"Here you can share all the conditions of the Mentel which mislead the user\".  \r\n\r\nOn the web site, the Complainant is called \"Mentel\", which mimics the pronunciation of the Marks, but also suggests the Bulgarian phrase for deception. \r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other or any relevant legal proceedings.    ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nA. COMPLAINANT:\r\n\r\nA.1 Rights\r\n\r\nThe Complainant says the Disputed Domain Name is identical to the mark Мтел in the Cyrillic alphabet and similar to the mark Mtel in the Romain alphabet and is also phonetically similar.  \r\n\r\nThe Complainant says the suffix .com must be ignored and cites CAC Decision No. 100191 and UDRP case Am. Int'l Group, Inc. v. Domain Admin Ltd, FA 1106369 NAF 13\/31\/07 and Isleworth Land Co. v Lost in Space, SA, FA 117330 NAF 27\/9\/02. \r\n\r\nA.2 Legitimate rights and interests \r\n\r\nThe Complainant says there are no grounds for legitimate rights and interests in the Disputed Domain Name under the UDRP at 4(c) (i)-(iii). \r\n\r\nA.3 Bad Faith\r\n\r\nThe Respondent registered the Disputed Domain Name in bad faith in order to sell it to the Complainant as demonstrated by the email of 17 October 2011. \r\n\r\nThe Respondent's bad faith is evident from the injury it causes to the reputation and business of the Complainant by the unfounded accusations and criticisms of the Complainant and its services.  \r\n\r\nThe Respondent's bad faith is evident from the perception that the Disputed Domain Name creates that the site is an official site of the Complainant and the Respondent misleads consumers who believe they are communicating complaints to the Complainant. There are many official channels for raising complaints with the Complainant. \r\n\r\nThe Complainant also relies on the earlier decision in its favor in the CAC dealing with a .eu domain in Decision No. 05973.   ",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical and\/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).",
    "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, to the satisfaction of the Panel, shown 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": "Accepted",
    "panelists": [
        "Victoria McEvedy"
    ],
    "date_of_panel_decision": "2012-04-18 00:00:00",
    "informal_english_translation": "The Complainant says it is the owner of the following registered trade marks.\r\n\r\n1. National Trade Marks, registered in the Republic of Bulgaria:\r\n\r\n  № 44709 - Mtel (combined), filing date 04.07.2002, date of registration: 08.05.2003; \r\n  № 44708 - Mtel (combined), filing date 04.07.2002, date of registration: 08.05.2003; \r\n  № 57044 - Mtel (combined), filing date 17.12.2004, date of registration 15.12.2006; and \r\n  № 57045 - Мтел  (combined), filing date 17.12.2004, date of registration 15.12.2006. \r\n\r\n\r\n2. Community Trade Marks (\"CTM\"), registered in Office for the Harmonization in the Internal Market (\"OHIM\"):\r\n\r\n  № 006502751 - M-TEL, filing date 11.12.2007, date of registration 21.02.2009; \r\n  № 006500797 – Mtel, filing date 10.12.2007, date of registration 14.02.2009; \r\n  № 006500482 - M-TEL, filing date 10.12.2007, date of registration 14.02.2009; and\r\n  № 006500938 - М-ТЕЛ, filing date 10.12.2007, date of registration 14.02.2009.\r\n\r\n3. International Trade Marks, registered with the World Intellectual Property Organization (WIPO):\r\n  \r\n  № 955870 – Mtel, date of the registration 03.03.2008.\r\n\r\n(together \"The Marks\"). \r\n\r\nThe Marks are well known marks in the Republic of Bulgaria. \r\n\r\nThe Complainant also claims rights arising from its use of the Marks in trade since 1995.  The Complainant also relies on its use of its own domain name, mtel.bg.  \r\n\r\n\r\n",
    "decision_domains": {
        "мтел.COM": "TRANSFERRED"
    }
}