{
    "case_number": "CAC-UDRP-102409",
    "time_of_filling": "2019-04-08 12:46:18",
    "domain_names": [
        "dafavip777.com",
        "dafavip666.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Emphasis Services Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "HAO ZHENGJIAO"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant claims that \"through its subsidiaries, [Complainant] operates websites offering online gaming and betting with licenses issued in the Philippines, Curacao, UK, Ireland and Kenya. The Complainant owns and operates several gaming sites under the brand \"dafa\" and \"dafabet\" (i.e. dafabet.com, dafabet.co.ke and dafa888.com).\r\n\r\nThe Complainant states it has been using for 16 years name \"Dafa\" and \"Dafabet\" in varying combinations to designate its online gaming and betting offerings.\" \r\n\r\nThe Complainant contends it has registered its rights over the brand “Dafa” in Malaysia, Philippines and Hong Kong and has likewise registered its rights over the graphical representation of the brand “Dafabet” in various jurisdictions, including an International Trademark, the European Union, the United Kingdom, Australia and Israel.\r\n\r\nAccording to the Complainant “Dafabet” is a well-known mark through its various sponsorships of commercial clubs: a) Official Main Team Sponsor of Fulham FC; b) Official Main Club Sponsor of Celtic FC; c) Official Betting Partner of Leicester City FC; d) Official Betting Partner Wales; e) Official Title Sponsor Masters-Snooker;\r\n\r\nFurthermore, Dafabet has also sponsored: a) Fnatic eGaming Team; b) Aston Villa F.C.; c) West Bromwich Albion F.C.; d) Everton F.C.; e) Burnley F.C.; f) Blackburn Rovers F.C.; g) Sunderland F.C.\r\n\r\nDafabet was also named by eGaming Review as 23rd most influential e-gaming operator in the world.\r\n\r\nPARTIES’ CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n• Domain names are confusingly similar to the protected mark\r\n\r\nAccording to the Complainant, the Respondent’s registered domain names are confusingly similar to the “Dafa” and \"Dafabet\" trademarks owned by the Complainant. Essentially, the Respondent has appropriated the trademarks Dafa and Dafabet by adding letters, words and numbers at the end of the trademarks to lead consumers to believe that it is affiliated with the Complainant. \r\n\r\n• Respondent does not have any rights or legitimate interest in the domain names\r\n\r\nThe Complainant states that the Respondent does not have a legal right to use the name “Dafa” or \"Dafabet\" as part of its domain name. Respondent is not in any way connected with the Complainant nor is it authorized to use its intellectual property rights for its operations as a licensee or in any capacity. In addition, aside from using the word “dafa” and \"dafabet\" in its domain, the Respondent has virtually cloned the Complainant's website by illegally using the Complainant's graphics, images, designs, content and logos which are indicative of Respondent’s intention to deceive users to think that their websites are affiliated with the Complainant.\r\n\r\n• The domain names have been registered and are being used in bad faith\r\n\r\nAccording to the Complainant, the Respondent’s illegal use of the Complainant’s intellectual property on its website is indicative of its intentions in using the Complainant’s marks “Dafa” and \"Dafabet\" in its domain names. The Respondent is making it appear that its websites are affiliated with the Complainant by not only using the “Dafa” and \"Dafabet\" marks in its domain, but also making the website appear almost exactly the same as that of Complainant. \r\n\r\nThe Complainant contends it is evident from screenshots of Respondent’s websites that Respondent is not only using the marks of the Complainant in its domain name, but it has virtually cloned the website by illegally using the Complainant’s graphics, images, designs, content and logos. This is a blatant to attempt to deceive the public in thinking that they are associated with the Complainant and transact business with them.\r\n\r\nIn addition, the Complainant claims that the Respondent is well aware that the Complainant is the owner of the mark “Dafa” and \"Dafabet\" because of: i) Registrations in various jurisdictions; ii) Goodwill and notoriety of the trademarks; and iii) Respondent’s illegal usage of Complainant’s logos, content, images and designs in its website.\r\n\r\nMoreover, the Complainant states that “Dafa” and “Dafabet” are not only registered marks in various jurisdictions, it is likewise well known marks due to sponsorship with the English Premier League and the World Snooker Championship. Further, any claim of Respondent to lack of knowledge over Complainant’s ownership over the name “Dafa” and \"Dafabet\" is negated by the fact that it has used the Complainant’s marks on its website. \r\n\r\nFinally, the Complainant sent a cease and desist letter to the Respondent on 4 April 2019, but received no reply, while the Respondent has persisted in their illegal activities.",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings relating to the disputed domain names.",
    "no_response_filed": "RESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [
        "Mgr. Barbora Donathova, LL.M."
    ],
    "date_of_panel_decision": "2019-05-21 00:00:00",
    "informal_english_translation": "The Complainant states that \"through its subsidiaries, [Complainant] operates websites offering online gaming and betting with licenses issued in the Philippines, Curacao, UK, Ireland and Kenya. The Complainant owns and operates several gaming sites under the brand \"dafa\" and \"dafabet\" (i.e. dafabet.com, dafabet.co.ke and dafa888.com).\r\n\r\nThe Complainant has, for 16 years, used the name \"Dafa\" and \"Dafabet\" in varying combinations to designate its online gaming and betting offerings.\" \r\n\r\nThe Complainant further states and provides evidence to support, that it is the owner of multiple trademark registrations, all predating the date of registration of the disputed domain names:\r\n\r\n• DAFA, Hong Kong trademark registration No. 302048148, filed on October 3, 2011 and registered on September 11, 2012, for, among others, casino, gaming, and gambling services in class 41;\r\n• DAFA, Malaysia trademark registration No. 2011019075, of October 28, 2011, for, among others, casino, gaming, and gambling services in class 41;\r\n• D DAFABET, EUTM registration No. 012067138, filed on August 14, 2013, and registered on February 17, 2014, for services related to gambling, gaming, and casino facilities, in classes 38 and 41;\r\n• D DAFABET, Philippines registration No. 42014505034, of October 24, 2014 for services related to gambling, gaming, and casino facilities, in classes 38 and 41.",
    "decision_domains": {
        "DAFAVIP777.COM": "TRANSFERRED",
        "DAFABETVIP3.NET": "TRANSFERRED",
        "DAFAVIP666.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}