{ "case_number": "CAC-UDRP-102157", "time_of_filling": "2018-09-17 10:13:20", "domain_names": [ "frenchopenlivetv.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "FEDERATION FRANCAISE DE TENNIS (FFT)" ], "complainant_representative": "Nameshield (Enora Millocheau)", "respondent": [ "Biswas, Jyotirmoy" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nFounded in 1920, the FEDERATION FRANCAISE DE TENNIS (the Complainant) promotes, organizes and develops tennis in France. It counts about 1,018,721 licensees in 2017. The Complainant also provides representation of France in international meetings and organizes major tournaments such as the International of France at Roland Garros. \r\n\r\nThe International of France of Roland Garros is the biggest tournament of the tennis season on clay and the only Grand Slam still competing on that surface. \r\n\r\nIn the tennis world with an Anglophone majority, the tournament is also known as the “French Open” since 1968, the first year of the Open era. It is one of the four Grand Slam tournaments, the second in the calendar after the Australian Open in January. The Complainant also sells the TV rights for the whole tournament to selected official and exclusive broadcasters all around the world.\r\n\r\nThe Complainant is the owner of numerous trademarks containing the expression “FRENCH OPEN”. \r\n\r\nThe Complainant has also registered numerous domain names including the trademark FRENCH OPEN®, such as:\r\n\r\n-\t registered since April 9, 1996; \r\n-\t registered since December 17, 1997;\r\n- registered since March 21, 2014;\r\n-\t registered since November 20, 2014;\r\n-\t registered since April 13, 2015;\r\n\r\nThe Disputed Domain Name was registered on May 27, 2018. \r\n\r\nThe Disputed Domain Name points to a website displaying information regarding the French Open Tournament, with sentences such as “FRENCH OPEN® LIVE TV” and “Watch French Open Tennis Live Streaming Online Free”. \r\n", "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings relating to the Disputed Domain Name.", "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n1. Confusing similarity\r\n\r\nThe Complainant contends that the Disputed Domain Name is confusingly similar to the Complainant’s international trademark FRENCH OPEN®, as the Disputed Domain Name includes in its entirety the above-mentioned trademark.\r\n\r\nThe addition of the generic terms \"LIVE” and “TV\" to the trademark FRENCH OPEN® and the use of the gTLD \".COM\" are not sufficient elements to escape the finding that the Disputed Domain Name is confusingly similar to the international trademark FRENCH OPEN®. \r\n\r\nIt is well-established that “a domain name that wholly incorporates a Complainant’s registered trademark may be sufficient to establish confusing similarity for purposes of the UDRP”. Indeed, when a distinctive trademark is paired with non-distinctive terms, the combination will typically be found to be confusingly similar to the distinctive trademark. \r\n\r\nTherefore, the Disputed Domain Name is confusingly similar to the Complainant’s trademark.\r\n\r\n2. No rights or legitimate interest\r\n\r\nThe Complainant asserts that the Respondent is not known by the Disputed Domain Name, but as “BISWAS, JYOTIRMOY”. Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name. Thus, the Respondent is not known as the Disputed Domain Name. \r\n\r\nThe Complainant further contends that the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name and he is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent. Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark FRENCH OPEN®, or apply for registration of the Disputed Domain Name by the Complainant.\r\n\r\nThe Disputed Domain Name points to a website displaying information regarding the French Open Tournament, with sentences such as “FRENCH OPEN® LIVE TV” and “Watch French Open Tennis Live Streaming Online Free”. There also links to watch the tournament live and a copy of the Complainant’s logo and trademark ROLAND GARROS®.\r\n\r\nIt is suggest that the Respondent aims to offer live streaming of the tournament. However, it is restricted by the Complainant, which has chosen selected official and exclusive broadcasters all around the world on different supports, like television and internet. The Complainant contends that the Respondent is not an authorized broadcaster. Therefore, the Respondent has registered and used the Disputed Domain Name only in order to create a likelihood of confusion with the Complainant and its trademarks in order to attract internet users by taking an advantage with the use of the Complainant’s trademark FRENCH OPEN® in the Disputed Domain Name, associated with the terms “LIVE” and “TV” in direct relation with the broadcasting of the French Open Tournament, therefore creating a likelihood of confusion. \r\n\r\nThus, the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name.\r\n\r\n3. Registered and used in bad faith\r\n\r\nThe Complainant contends that the Disputed Domain Name is confusingly similar to its international trademark FRENCH OPEN®. Previous UDRP Panel have stated regarding the Complainant that the “Complainant’s [French Open] trademark is widely known, and, further, that it is therefore highly unlikely that the Respondent was unaware of the Complainant’s trademark when registering the Disputed Domain Name”. Please see for instance WIPO Case No. 2016-0354, Federation Francaise De Tennis v. Mahesh Shaksena, . \r\n\r\nThus, given the distinctiveness of the Complainant’s trademark and reputation, and the use of the Complainant’s logo and trademarks FRENCH OPEN® and ROLAND GARROS® on the website, the Complainant can state that the Respondent has registered the Disputed Domain Name with full knowledge of the Complainant's trademark FRENCH OPEN® and uses it for the purpose of misleading and diverting Internet traffic. \r\n\r\nIndeed, a Google search on the expression FRENCH OPEN® displays several results, all of them being related to the Complainant. Furthermore, the Disputed Domain Name display websites with information related to an unauthorized live stream of the tournament. It seems therefore hardly conceivable that the Respondent did not register the Disputed Domain Name without the intention to create a likelihood of confusion with the Complainant’s trademarks, and therefore unduly benefit from the reputation of the Complainant’s trademarks.\r\n\r\nTherefore, the Disputed Domain Name was registered and is being used in bad faith.\r\n\r\nRESPONDENT: \r\n\r\nNo administratively compliant Response was 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).\r\n\r\n", "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).\r\n", "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": [ "Rodolfo Carlos Rivas Rea" ], "date_of_panel_decision": "2018-10-14 00:00:00", "informal_english_translation": "The Complainant is the owner of several trademarks containing the expression “FRENCH OPEN”, including: \r\n\r\n- The International trademark n° 538170 FRENCH OPEN® registered since June 22, 1989;\r\n- The International trademark n° 732452 ROLLAND GARROS FRENCH OPEN® registered since April 17, 2000.", "decision_domains": { "FRENCHOPENLIVETV.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }