{
    "case_number": "CAC-UDRP-101670",
    "time_of_filling": "2017-09-05 09:14:54",
    "domain_names": [
        "FRANKEYETKILISERVISIIZMIR.COM"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "Franke Technology and Trademark Ltd"
    ],
    "complainant_representative": "BrandIT GmbH",
    "respondent": [
        "Odak Web Tasarim"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nIn 1911 the founder of the Complainant’s group of companies (“Franke Group”), Hermann Franke, established a sheet-metal business in Rorschach, Switzerland. In 1974 the Franke Group expanded with 13 subsidiaries and two license companies established in Europe. In 1989 the company expanded worldwide. Today the Franke Group has 70 subsidiaries with around 9,000 employees in 37 countries, generating consolidated sales of CHF 2.1 billion.\r\n\r\nFranke Group entered the Turkish market in 1999, and Turkey has become one of its most important markets in the kitchen appliances industry. The Complainant has a presence in Turkey through its wholly owned subsidiaries Franke Mutfak ve Banyo and Sistemleri Sanayi ve Ticaret A.S. The Complainant also operates the local official website <franke.com.tr>.\r\n\r\nThe disputed domain name incorporates the Complainant’s FRANKE trademark coupled with the third most populous Turkish city name “Izmir” plus the Turkish words “yetkili servisi”, meaning “authorised service”. The Respondent uses the disputed domain name for a website where Respondent advertises repair centre services and claims to be “Franke Izmir Yetkili Servisi”, i.e. a “Franke Izmir Authorised Service”. The Complainant’s FRANKE logo appears prominently on the top left of the website and suggests that there is a connection between the website operator and the Complainant. In fact, however, the Respondent is not an authorized repair centre of the Complainant. The Respondent has never been authorized by theComplainant to register the disputed domain name, or to use the FRANKE logo. \r\n\r\nThe Respondent’s identity was hidden through an identity protection service provider and has only been revealed through the present proceeding under the UDRP Policy.\r\n\r\nThe Complainant tried to contact the Respondent on July 4, 2017, through a cease and desist letter. A follow up reminder was sent on August 11, 2017. The Complainant’s letters were sent to the email address listed in the whois record and to the email address listed on the website itself. No reply was received to either of these emails.",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings which relate to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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\nAccording to Article 11(a) of the Rules, “unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding”.\r\n\r\nThe language of the Registration Agreement is Turkish. The Complainant, however, has requested that the language of the proceeding be English instead of Turkish. \r\n\r\nThe Panel uses its discretionary authority to decide that the language of the proceedings shall be English for the following reasons: \r\n\r\n(a) The Respondent’s website for which the Respondent has used the disputed domain name features Turkish and a British flag icons, indicating that the website users can choose between Turkish and English language versions of the website.\r\n\r\n(b) The Respondent received the Complainant's email communications as well as this complaint under the UDRP Policy in English language and failed to reply. The Respondent did not express in any way that he cannot answer the allegations because of language issues.\r\n\r\n(c) The disputed domain name features the gTLD <.com>, which has a global connotation and stands for the English word “commerce”. English being the main language of international business, it seems that the disputed domain name was intended to reach not only a Turkish-speaking public, but also an English-speaking one.\r\n\r\n(d) The Complainant has submitted its Complaint and supporting evidence in English. If the Complainant were required to submit all documents in Turkish, the administrative proceeding would be unduly delayed and the Complainant would have to incur substantial expenses for translation.",
    "decision": "Accepted",
    "panelists": [
        "Dr. Thomas Schafft"
    ],
    "date_of_panel_decision": "2017-10-13 00:00:00",
    "informal_english_translation": "The Complainant is the owner of various \"FRANKE\" trademarks, including the international trademark registration no. 872557, registered on February 28, 2005, for numerous goods in international classes 06, 11, and 21 (hereinafter the “trademark“). The Respondent’s home country Turkey is one of the countries covered by this international trademark registration.\r\n\r\nThe disputed domain name was registered on August 19, 2015, i.e. the Complainant’s trademark predates the registration of the disputed domain name. ",
    "decision_domains": {
        "FRANKEYETKILISERVISIIZMIR.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}