{
    "case_number": "CAC-UDRP-102229",
    "time_of_filling": "2018-11-21 13:28:05",
    "domain_names": [
        "telethon.online"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "ASSOCIATION FRANCAISE CONTRE LES MYOPATHIES "
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Yemliha Toker"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS.\r\n\r\nThe Complainant states that it is an association of patients and their families who are affected by a genetic, rare, progressive and severely disabling illness: neuromuscular diseases. For more detailed information the Complainant refers to its web site: http:\/\/www.afm-telethon.com\/.\r\nThe Complainant organizes every year a fund-raising event named “The Telethon” (a charity event organized since 1987). It takes place every year on the first week-end of December with the help of hundreds of thousands of volunteers, millions of participants and lots of artists. The Telethon is also a 30-hour TV program on a public channel. The Complainant is the owner of several trademarks containing the term “TELETHON”.\r\nThe Complainant is also the owner of several domain names containing this term, such as <telethon.fr>.\r\nThe disputed domain name was registered on March 14 2018 and redirects to a different website which contains financial information.\r\nThe Complainant contends that the disputed domain name is identical to the Complainant’s TELETHON trademark as the trademark is included in its entirety in the disputed domain name and the addition of the gTLD “.online” does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademark.\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant asserts that the Respondent is not known by the disputed domain name and has not acquired trademark rights in respect of this designation. \u2028The Complainant 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. \u2028\r\nThe 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 or apply for registration of the disputed domain name. \r\nThe Complainant argues that since the disputed domain name redirects to a website displaying financial information, the Respondent used the disputed domain name in a way that fails to confer rights and legitimate interests, as it is used to promote unrelated services. \r\n\r\nTHE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH\r\n\r\nThe Complainant contends that since the disputed domain name contains the Complainant's trademark in its entirety and the disputed domain name redirects to a website displaying financial information unrelated to the disputed domain name, the Respondent is using the disputed domain name intentionally to attempt to attract, for commercial gain, Internet users to his website by creating a likelihood of confusion with Complainant's trademark as to the source, sponsorship, affiliation, or endorsement of Complainant. Therefore, the Respondent is obtaining commercial gain from the use of the disputed domain name and the resolving website. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the disputed domain name. \r\n",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\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 not, 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": "Rejected",
    "panelists": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2018-12-31 00:00:00",
    "informal_english_translation": "-\tTELETHON (word), the French Trademark Registration No.1399996, registered on March 23, 1987 and duly renewed;\r\n-\tTELETHON (word), the International Trademark Registration No. 516359, registered on September 22, 1987 and duly renewed;\r\n-\tTELETHON (figurative), the French Trademark Registration No. 1604213, registered on January 8, 1988 and duly renewed;\r\n-\tTELETHON.FR LE DON EN LIGNE, the International Trademark Registration No. 952613, registered on January 23, 2008 and duly renewed.\r\n",
    "decision_domains": {
        "TELETHON.ONLINE": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}