{
    "case_number": "CAC-UDRP-101055",
    "time_of_filling": "2017-03-14 11:08:32",
    "domain_names": [
        "df011.com",
        "df022.com",
        "df655.com",
        "df877.com",
        "df622.com",
        "df266.com",
        "df766.com"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "Emphasis Services Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Protection Privacy"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, Emphasis Service Limited, through its subsidiaries and licensees, operates websites offering online gaming and betting with licenses issued in the Philippines, the United Kingdom, the Isle of Man and Curacao. The Complainant owns and operates gaming sites under the brand “DAFA” (i.e. dafabet.com and dafa888.com). The Complainant has used the name “DAFA” for many years to designate its online gaming and betting offerings.\r\n\r\nThe Complainant has registered its rights over the mark “DAFA” and \"DAFABET\", as set out under \"Identification of rights\" above. The registrations in Malaysia, Hong Kong and the EUTM registration all predate the registrations of the disputed domain names.\r\n\r\n“DAFABET” is a well-known mark through its various sponsorships of commercial clubs (Official Main Club Sponsor of Sunderland FC; Official Main Club Sponsor of Celtic FC; Official Main Club Sponsor of Burnley FC; Official International Betting Partner of Everton FC; Official Main Club Sponsor of Blackburn Rovers FC; Official Main Team Sponsor of Fnatic eSports; Official Betting Partner of Wales). Dafabet was also named by eGaming Review as 23rd among the 40 most influential e-gaming operators in the world.\r\n\r\nThe Respondent registered the disputed domain names on 11 September 2014.\r\n\r\nThe Complainant sent a cease and desist letter to the Respondent on 13 December 2016.",
    "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 names. ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 to have 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, to the satisfaction of the Panel, shown the disputed domain names has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).",
    "procedural_factors": "The Complainant requests that the language of proceedings be English. It says that to use any other language would unduly prejudice its rights, due to the continued use in bad faith by the Respondent of the disputed domain names and intellectual property of Complainant in its cloned website. The Complainant believes that the Respondent can understand English as the contact information on the websites are all Philippine numbers, which indicates that the Respondent is based in the Philippines where English is widely spoken. The Complainant says it is willing to translate and have these proceedings continue on a dual language basis, if needed, should the Respondent object to proceedings being in English. The Complainant refers to the case of Remy Martin & Co. vs. Lan Qing Tian\/Qingtian Lan (WIPO Case No. D2016-1567), in which it was ruled that English is an acceptable language for the proceedings even where the registration agreement is in Chinese if the merits of the case strongly favour the complainant and translating the Complaint would cause unnecessary delay.\r\n\r\nThe Panel finds that in the circumstances outlined by the Complainant and in the absence of any objection by the Respondent, that the proceedings be conducted in English.\r\n\r\nThe 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": [
        "Mrs Veronica  Bailey"
    ],
    "date_of_panel_decision": "2017-04-22 00:00:00",
    "informal_english_translation": "The Complainant owns:\r\n\r\n(i) Malaysia trade mark registration no. 2011019075 for “DAFA”, registered on 28 October 2011 in class 41.\r\n\r\n(ii) Hong Kong SAR trade mark registration no. 302048148 for “DAFA”, registered on 3 October 2011 in class 41.\r\n\r\n(iii) EUTM registration no. 012067138 for the graphic representation “d dafabet” with colours red, yellow, and white, which was registered on 17 February 2014 in classes 38 and 41.\r\n\r\n(iv) Philippines trade mark registration no. 42014505034 for “DAFABET”, registered on 24 October 2014 in classes 38 and 41. ",
    "decision_domains": {
        "DF011.COM": "TRANSFERRED",
        "DF022.COM": "TRANSFERRED",
        "DF655.COM": "TRANSFERRED",
        "DF877.COM": "TRANSFERRED",
        "DF622.COM": "TRANSFERRED",
        "DF266.COM": "TRANSFERRED",
        "DF766.COM": "TRANSFERRED"
    }
}