{
    "case_number": "CAC-UDRP-101546",
    "time_of_filling": "2017-05-19 13:53:31",
    "domain_names": [
        "dunaarena.com",
        "dunaarena.org",
        "duna-arena.com",
        "duna-arena.org"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "The State of Hungary represented by  the Hungarian National Asset Management Inc."
    ],
    "complainant_representative": "Rátky & Partners Attorneys",
    "respondent": [
        "Dr.  Csaba Postásy "
    ],
    "respondent_representative": null,
    "factual_background": "On February 21, 2017, the Complainant announced the name of a facility it had built and owns, called Duna Aréna, located in Budapest, Hungary. This facility was built in order to welcome the FINA World Championship. On the same day, the Respondent registered the disputed domain names:\r\n\r\n-\t<dunaarena.com> (at 5:10 PM),\r\n-\t<dunaarena.org> (at 5:24 PM),\r\n-\t<duna-arena.com> (at 5:48 PM),\r\n-\t<duna-arena.org> (at 5:51 PM).\r\n\r\nThe Respondent also registered the domain names <dunaarena.hu> and <duna-arena.hu>, subject to an alternative dispute resolution procedure, before another center, in Hungary.\r\n\r\nThe Respondent does not contest that the announcement occurred before registration of the disputed domain names, which currently resolve to websites under construction. \r\n\r\nOn March 27, 2017, the Complainant filed the Hungarian trademark “Duna Aréna” No. M1701013 for goods and services in classes 16, 25, 28 and 41, currently under protection.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings, pending or decided, relating to the disputed domain names.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant, the State of Hungary, argues that the Respondent has “maliciously” registered domain names – including the disputed domain names – identical or confusingly similar to the name of the facility it revealed publicly earlier on the same day.\r\n\r\nThe Complainant contends that the Respondent has not made any attempt to use the disputed domain names in a legitimate way, since all of them resolve to a page bearing the mention “UNDER CONSTRUCTION FOR WORLDWIDE COMMERCIAL PURPOSE”. \r\n\r\nFinally, the Complainant states that the disputed domain names were registered in order to obtain significant amounts of public funds in exchange for their transfer. In this regard, the Complainant mentioned that it was contacted by the Respondent, who offered to sell the disputed domain names to the Complainant. \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent argues that, when he registered the disputed domain names, there was no protected trademark on the sign “Duna Aréna”. \r\n\r\nThe Respondent admits that he registered these domain names on the same day of the public announcement made by the representative of the Hungarian Governement. However, he specified that he did so in order to establish a commercial network based in Hungary, with the help of international investors. “Duna Aréna” seemed to be “well-meaning” for this network. \r\n\r\nThe Respondent contends that, until the day of the public announcement, the name of the new facility had not been revealed by the Complainant. He also wonders why the Complainant did not register the disputed domain names before the announcement. \r\n\r\nThe latter specified that the disputed domain names were free and available for registration, and not in any sort of public use or under protection of a trademark. He also notes that Complainant filed the “Duna Aréna” trademark about one month after the announcement. \r\n\r\nThe Respondent admits that he contacted a representative of the Complainant on March 30, 2017. Nonetheless, he said that he offered to “hand over” the domain names and not to sell them. \r\n\r\nFinally, the Respondent states that “Duna” is the name of the largest river in Hungary and that countless other enterprises use this name. ",
    "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": "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 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 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": "Accepted",
    "panelists": [
        "Nathalie Dreyfus"
    ],
    "date_of_panel_decision": "2017-07-10 00:00:00",
    "informal_english_translation": "The Complainant, the State of Hungary, is the owner of the Hungarian trademark “Duna Aréna” No. M1701013, dated March 27, 2017, covering goods and services in classes 16, 25, 28 and 41.",
    "decision_domains": {
        "DUNAARENA.COM": "TRANSFERRED",
        "DUNAARENA.ORG": "TRANSFERRED",
        "DUNA-ARENA.COM": "TRANSFERRED",
        "DUNA-ARENA.ORG": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}