{
    "case_number": "CAC-UDRP-101063",
    "time_of_filling": "2017-08-16 09:32:12",
    "domain_names": [
        "dafabetkenya.com"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "Emphasis Services Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Oliver Ndegwa"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant states that it through its subsidiaries and licensees, operates websites offering online gaming and betting with licenses issued in the Philippines, Curacao, UK, the Isle of Man and Kenya. The Complainant owns and operates several gaming sites under the brand dafabet (i.e. dafabet.com and dafabet.co.ke) and had been using the names “Dafa” and “Dafabet” for many years.\r\n\r\nThe Complainant owns a number of trademark registrations either directly or through its subsidiaries or licensees.\r\nThe Respondent registered the disputed domain name on March 23, 2017.\r\n\r\nThe Respondent did not provide any explanations apart from his response where he disclosed the information about the proceeding currently going on in Kenya in respect of Dafabet Kenya name and attached some documents related to the court proceeding in Kenya.\r\n\r\nThe Complainant sent a cease and desist letter to the Respondent on March 30, 2017 and the Respondent confirmed the receipt of the letter and said that the letter was forwarded to Dafabet Kenya Ltd while the Respondent stated that he was just a domain name registrant and provider of hosting services. Reference is made to annexes to the complaint. \r\n",
    "other_legal_proceedings": "A company which claims to use the disputed domain name (Dafabet Kenya Limited) has filed a civil suit against the Complainant's licensee in Kenya alleging the exclusive rights to use the name \"Dafabet Kenya\".\r\n\r\nThe disclosed proceeding, however, is related to the use of the name Dafabet Kenya and has not been initiated in respect of the domain-name dispute that is the subject of the complaint (as stated in paragraph 18 (a) of the Rules for Uniform Domain Name Dispute Resolution Policy, hereinafter the “Rules”). \r\n\r\nThe Panel finds that such dispute in Kenya shall not affect this administrative proceeding.\r\nThe Panel will therefore proceed to a decision.\r\n\r\n",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant claims that it owns “Dafabet” registered trademarks either directly or through its subsidiaries and had filed an application for a trademark in Kenya through its licensee and that “Dafabet” is a well-known mark through its various sponsorships of commercial clubs: a) Official Main Club Sponsor of Sunderland FC; b) Official Main Club Sponsor of Celtic FC; c) Official Main Club Sponsor of Burnley FC; d) Official Main Club Sponsor of Blackburn Rovers FC; e) Official Betting Partner Wales; f) Official Title Sponsor Masters-Snooker. \r\n\r\nThe Complainant also states that Dafabet was also named by eGaming Review as 21st most influential e-gaming operator in the world. \r\n\r\nAccording to the Complainant the disputed domain name is identical and confusingly similar to the trademarks owned by the Complainant as it uses \"dafabet\" as a prefix with the geographical term \"Kenya\" attached to the domain. \r\n\r\nAs to the second UDRP criterion, the Complainant denies any direct connection with the Respondent and claims that Respondent’s use of the “Dafabet” trademark in the disputed domain name and website are unauthorized and illegal. \r\nIn particular, the Complainant states that that the Respondent is not commonly known by the disputed domain name.  \r\nThe website under the disputed domain name was created on March 23, 2017 and the company that alleges use of the disputed domain name was registered on March 13, 2017. \r\nThe Complainant notes that this was after the Complainant had announced that it was launching its \"dafabet\" brand and services in Kenya. \r\n\r\nThe Complainant adds that the Respondent will not be able to show prior usage of the mark “Dafabet” for the website and will be unable to show any logical reason for the use of the word \"dafabet\" in the business or the disputed domain name. The Complainant also doubts whether the Respondent can demonstrate any actual business.\r\n\r\nAs to the third UDRP criterion of bad faith, the Complainant contends that the Respondent does not have any reason as to why he decided to choose the brand \"dafabet\" in the disputed domain name.\r\nThe Complainant states that the only conceivable reason for using the mark \"dafabet\" in the disputed domain name is to exploit the goodwill and notoriety of Complainant's marks. \r\nThe Complainant notes that registration of the disputed domain name coincided with the extensive Complainant’s marketing campaign in Kenya on the launch of Complainant’s services and that various marketing materials had been released in Kenya announcing the launch of Complainant’s services before March 23, 2017, date of registration of the disputed domain name.\r\n\r\nThe Complainant also addresses the issue of the company Dafabet Kenya Ltd that allegedly uses the disputed domain name for its business. \r\nThe Complainant claims that the company address published on the web site under the disputed domain name and in the company registration data is false, no actual business is conducted by this company and this had been confirmed by the report of a private investigator attached to the complaint (annex to the complaint). \r\n\r\nTherefore, the Complainant states that the bad faith criterion is satisfied. \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent chose not to address the UDRP criteria and Complainant’s claims in his response and merely stated that there is a pending case before the High Court of Kenya regarding the use of the Dafabet name filed by Dafabet Kenya Ltd against Complainant’s licensee Asian Betting & Gaming Enterprises Africa Ltd and attached some documents related to that court case to the response. \r\n\r\nThe attached documents indicate that Dafabet Kenya Ltd initiated a court proceeding in Kenya against Asian Betting & Gaming Enterprises Africa Ltd with the goal to prohibit the use of Dafabet Kenya.\r\n\r\nThe Respondent decided not to make further representation in the response.\r\n",
    "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.\r\n\r\nThe Panel notes that the registrant of the disputed domain name and the Respondent is Oliver Ndegwa.  The Rules define the respondent (par. 1 of the Rules) as the holder of a domain-name registration against which a complaint is initiated.\r\n\r\nThe Respondent in his response and the attached documents referred to the court proceeding in Kenya initiated by Dafabet Kenya Ltd. The web site under the disputed domain name suggests that it is used by Dafabet Kenya Ltd.\r\n\r\nThe Respondent did not clarify his relations with this company and it does not appear from the documents submitted by the Respondent along with the response that he is somehow connected to Dafabet Kenya Ltd (i.e. as a shareholder, company officer or an employee). \r\nThe only possible connection appears from one of the annexes to the complaint (Cease and Desist Letter communication) where the Respondent states that he is a just a domain name registrant and hosting provider for Dafabet Kenya Ltd. \r\n\r\nHowever, the response was submitted by Oliver Ndegwa and not by Dafabet Kenya Ltd and there were no submissions made by Dafabet Kenya Ltd in this proceeding. \r\n\r\nThe Respondent had the opportunity to address his relations with Dafabet Kenya Ltd in his response and Dafabet Kenya Ltd had the opportunity to provide some explanations but both chose not to do so. \r\n\r\nTherefore, any reference to “the Respondent” in this decision shall be intended as referring to Oliver Ndegwa.\r\n\r\nHowever, for the sake of clarity and completeness, the Panel will also deal with the alleged use of the disputed domain name by Dafabet Kenya Ltd as this is relevant for the outcome of this proceeding.\r\n\r\nThe Panel also needs to address the issue of the arguments filed by the Complainant after the complaint and the response had been filed.\r\nAs the Rules stipulate under par. 10:\r\n\r\n(a) The Panel shall conduct the administrative proceeding in such manner as it considers appropriate in accordance with the Policy and these Rules.\r\n\r\n(d) The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.\r\n\r\nThe Panel considered that the Complainant’s additional submission did not contain any point of substance that could not reasonably have been included in the complaint. The Complainant simply repeated the information about the ongoing dispute in Kenya over the Dafabet Kenya name that was already disclosed.\r\n \r\nAccordingly, the Panel did not admit the Complainant’s additional submission.",
    "decision": "Accepted",
    "panelists": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2017-09-26 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant relies on the following trademarks:\r\n\r\n-\tDafabet (word) trademark registered in the Philippines, Registration No. 505037, registered on 09.07.2015.\r\n-\tDAFABET (word) European Union Registration No. 012067088, registered on 17.02.2014. \r\n",
    "decision_domains": {
        "DAFABETKENYA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}