{
    "case_number": "CAC-UDRP-101392",
    "time_of_filling": "2017-04-18 13:21:40",
    "domain_names": [
        "xn--cestujlevn-9nb.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Cestujlevne.com s.r.o."
    ],
    "complainant_representative": null,
    "respondent": [
        "Tomas Rundt"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant operates a website at <cestujlevne.com> since 2012, on which it offers low-cost travels.\r\n\r\nThe Respondent registered the disputed domain name and operates a website under the disputed domain name, which is identical to the Complainant's website with regard to the target group, the language, as well as the content.\r\n\r\nThe Complainant sent a cease and desist letter to the Respondent on January 20, 2017, which remained unanswered.",
    "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\nThe Complainant contends that the disputed domain name is confusingly similar to the Complainant's trademark.\r\n\r\nFurthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Compainant states that it is not aware of any evidence that:\r\n\r\n1.\tBefore any notice to the Respondent of the dispute, the Respondent used the disputed domain name, or a name corresponding to the disputed domain name, in connection with a bona fide offering of goods or services; or\r\n\r\n2.\tThe Respondent (as an individual, business, or other organization) has been commonly known by the disputed domain name, even if the Respondent has acquired no trademark or service mark rights; or\r\n\r\n3.\tThe Respondent is making a legitimate non-commercial or fair use of the disputed domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.\r\n\r\nIn the circumstances, the Complainant underlines that the burden of proof passes to the Respondent to show rights or legitimate interests in the disputed domain name.\r\n\r\nFinally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. It contends that the disputed domain name is being used intentionally to attract Internet users to the Respondent's website for commercial gain by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation or endorsement of the website or the products promoted on it.\r\n\r\nRESPONDENT\r\n\r\nThe Respondent filed a Response on May 3, 2017. The Respondent only stated that the disputed domain name has been registered prior to the Complainant's trademark right and therefore has not been registered and used in bad faith.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed 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": "In the light of the Panel's finding with regard to bad faith, it is not necessary for the Panel in this regard either to come to a decision.",
    "bad_faith": "The Complainant has not shown the disputed 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": [
        "Peter Müller"
    ],
    "date_of_panel_decision": "2017-05-24 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the Czech trademark registration no. 350227 cestujlevne.com & design, registered on December 16, 2015 and applied for on May 15, 2015. The trademark registration covers services in classes 35, 39, and 43.",
    "decision_domains": {
        "XN--CESTUJLEVN-9NB.COM": "REJECTED"
    }
}