{
    "case_number": "CAC-UDRP-101348",
    "time_of_filling": "2016-11-21 11:26:20",
    "domain_names": [
        "tsoukernik.com"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "Leon Tsoukernik"
    ],
    "complainant_representative": "Marek Vojáček (Havel, Holásek & Partners s.r.o., advokátní kancelář)",
    "respondent": [
        "Intellectual Frontier Society"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is an entrepreneur and chairman of the Board of a casino and a group of companies based in Prague, Czech Republic. The Complainant is active in the business field of Gambling and Lotteries. His surname is Tsoukernik according to his Passport and permanent Residence Card. The Complainant is born 1973.\r\n\r\nOn September 13th, 2016 the Respondent registered the disputed domain name under the address of the US Company Domains By Proxy LLC. He uses the domain <tsoukernik.com> for noncommercial purposes and offers information about the Complainant. This information on <www.tsoukernik.com> damages the reputation of Mr. Tsoukernik, asserted the Complainant.\r\n\r\nThe Complainant, represented by Havel, Holásek & Partners s.r.o., advokátní kancelář, filed a complaint against the Respondent claiming that the Respondent registered the <tsoukernik.com> domain name without rights or legitimate interest and in bad faith. Therefore the registration should be declared abusive and the disputed domain name transferred to the Complainant.\r\n\r\nThe Respondent provided the ADR court with a § 5 Rules Response claiming free speech but without supporting explanation or arguments in this regard.",
    "other_legal_proceedings": "None.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\nComplainant principally makes the following assertions:\r\n\r\n- The disputed name is the Complainant’s personal name, his surname. Hence, “TSOUKERNIK” is a name for which the following right is recognised within the Czech legal system. The protection of personal names is granted under Act no. 89\/2012 Civil Code whereas the surname of a natural person is protected by Article 10 of the Czech Carter of Fundamental Rights and Freedoms. \r\n\r\n- The Respondent registered the disputed domain name without rights and legitimate interest in the name and established a website with offending content.\r\n\r\n- The complaint is based on the fact that the disputed domain name is identical with the Personal Name of the Complainant which is in commercial use in Complainant’s branch. \r\n\r\n- The Complainant insists that the Respondent registered the domain name without rights and legitimate interest and in bad faith.\r\n\r\n\r\nRESPONDENT:\r\nThe Respondent claims that he has a legitimate interest in using the contested domain name based on free speech. The Respondent, Mr. Simon Lee, representing the Intellectual Frontier Society, registered the disputed domain name.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown 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).",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent has 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": [
        "Dr. jur. Harald von Herget"
    ],
    "date_of_panel_decision": "2016-12-28 00:00:00",
    "informal_english_translation": "Complainant asserts common law trademark rights to the surname “Tsoukernik” under which he is known for his services. ",
    "decision_domains": {
        "TSOUKERNIK.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}