{ "case_number": "CAC-UDRP-101159", "time_of_filling": "2016-01-25 12:22:50", "domain_names": [ "roma2024.com", "roma2024.org", "rome2024.org" ], "case_administrator": "Lada Válková (Case admin)", "complainant": [ "CONI - COMITATO OLIMPICO NAZIONALE ITALIANO " ], "complainant_representative": "De Simone & Partners S.p.A.", "respondent": [ "Gustavo Valbuena" ], "respondent_representative": null, "factual_background": "The Complainant is the Italian national representative of the International Olympic Committee and is the public body in charge of regulating and managing all sports matters in Italy. The Roma 2024 Committee is part of the Complainant and has the task of promoting the candidature of the city of Rome to host the Olympic Games in 2024. \r\n\r\nNothing is known about the Respondent, apart from the fact that he is an individual resident in Spain.\r\n\r\nThe disputed domain names were registered on 22 January 2007.\r\n\r\nWhen the Complainant first became aware of the disputed domain name in November 2015, it was pointing to a website displaying a number of blog posts dating from 2011 detailing the Respondent's self-titled collection of 38 \"Olympic city domains\". The website also contained sponsored links and links to websites selling Olympic memorabilia. Although the website contained a clear disclaimer that the Respondent was not stating any intention to sell these domain names, it also contained other wording such as \"I have received mails asking me if I am willing to sale only one domain or the whole collection, my answer has always be that all domains are available individually or as a whole. Please submit your best offer by email all offers will be treated with strictest confidence\" (4 October 2011) and \"If you ara an OLYMPIC MEMORABILIA COLLECTORS and want to Own a unique piece of history, contact me\" (sic) (7 January 2015). \r\n\r\nOn 4 December 2015, the Complainant sent a cease and desist letter to the Respondent. Further to this, on 6 December 2015, the Respondent updated the website to which was pointing by adding a post headed \"FREE SPEECH ISSUE\" and stating that he wanted to create a forum where the public could discuss Rome's Olympic bid. The sponsored links were also removed. \r\n\r\nThe other two disputed domain names, and , are currently not pointing anywhere and no evidence regarding any previous pointing has been supplied. \r\n", "other_legal_proceedings": "None that the Panel has been made aware of.", "no_response_filed": "Parties' Contentions\r\n\r\nComplainant\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the applicable top-level suffix (for example .COM) would usually be disregarded as it is a technical requirement of registration, and points out that as a result the disputed domain names and are identical to the Complainant's registered Italian word trade mark in the term ROMA 2024 (No. 0001661944). In addition, the Complainant argues that the disputed domain name is confusingly similar to this trade mark. The Complainant also contends that the fact that its trade mark rights post-date the date of registration of the disputed domain names is irrelevant for the purposes of paragraph 4(a)(i)of the Policy.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain names, nor that the Respondent is making a bona fide offering of goods and services. In the Complainant's opinion, the Respondent's use of is intended to mislead internet users for commercial gain as the Respondent is trying to \"ride on the coat-tails\" of the reputation of the ROMA 2024 candidature bid. Finally, the Complainant states that the Respondent has not been licensed or otherwise authorized to use any of the Complainant’s trade marks nor to apply for nor use any domain name incorporating such trade marks. \r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant explains in detail that the pattern \"city + year\" is internationally synonymous with the Olympic Games and is a distinctive sign instantly capable of indicating to consumers the Olympic origins of the goods and services bearing that sign. As a result, it is also largely predictable that a city may acquire potential rights in the pattern \"city + year\" as any candidature progresses, and the year is predictable by counting every two (for winter Olympics) or every four (for summer Olympics) years from the previous Games. Thus for example, as far as the summer games are concerned, the word Rome could be associated with the year 2008 or 2012 or 2016 or 2020 or 2024 etc.\r\n\r\nThe Complainant points out that the disputed domain names were registered in January 2007 and, in that period, it was well known that Rome may be the candidate city for the Olympic Games of 2024. The Complainant provides a detailed explanation to support this contention and argues that, as someone who appears to be very well informed about the Olympics, the Respondent could have believed in the possibility of the candidacy of Rome for the Olympic Games of 2024 and registered some possible variants of the related domain name in order to take advantage of the confusion between the said domain names and any potential future rights of the Complainant in the sign ROMA 2024.\r\n\r\nTurning to bad faith use, the Complainant argues that the Respondent is using the disputed domain name to attract internet users to his website for commercial gain by creating a likelihood of confusion in accordance with paragraph 4(b)(iv) of the Policy. The Respondent highlights the previous existence of sponsored links on the corresponding website and underlines that such links are usually found to indicate bad faith (even if a third party such as the registrar is obtaining commercial gain and not the Respondent because such links have been placed there automatically). \r\n\r\nFinally, the Complainant underlines that, even though the disputed domain names and are not being actively used by the Respondent, passive holding may amount to bad faith use in certain circumstances, and argues that this is the case here, especially given the reputation of the Complainant's trade mark. \r\n \r\nRespondent\r\n\r\nThe Respondent did not respond to the Complaint.\r\n", "rights": "The Complainant has shown, to the satisfaction of the Panel, that the disputed domain names are identical or confusingly similar to a trade 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 shown, to the satisfaction of the Panel, that the Respondent has no rights or legitimate interests in respect of the disputed domain names (within the meaning of paragraph 4(a)(ii)of the Policy). ", "bad_faith": "The Complainant has shown, to the satisfaction of the Panel, that the disputed domain names have been registered and are 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 the Policy were met and there is no other reason why it would be inappropriate to provide a decision.", "decision": "Accepted", "panelists": [ "Jane Seager" ], "date_of_panel_decision": "2016-03-15 00:00:00", "informal_english_translation": "The Complaint owns the Italian word trade mark ROMA 2024 (No. 0001661944), filed on 25 February 2015 and registered on 18 December 2015.\r\n\r\nIt also filed an application for the Italian word and design trade mark COMITATO ROMA 2024 (No. 302015000012047\/UB2015C034746) on 16 April 2015.\r\n", "decision_domains": { "ROMA2024.COM": "TRANSFERRED", "ROMA2024.ORG": "TRANSFERRED", "ROME2024.ORG": "TRANSFERRED" }, "panelist": null, "panellists_text": null }