{
    "case_number": "CAC-UDRP-102528",
    "time_of_filling": "2019-06-11 11:42:29",
    "domain_names": [
        "frenchopentennis2019.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "FEDERATION FRANCAISE DE TENNIS (FFT)"
    ],
    "complainant_representative": "Nameshield (Enora Millocheau)",
    "respondent": [
        "Fundacion Comercio Electronico"
    ],
    "respondent_representative": null,
    "factual_background": "Founded in 1920, the Complainant is a national federation engaged in promoting, organizing and developing tennis in France, with 1 018 721 licensees in 2017.  It represents France in international meetings and organizes major tournaments such as the International of France at Roland Garros. \r\n\r\nThe Respondent is an entity based in Panama. \r\n\r\nThe disputed domain name was registered on 31 May 2019 through a privacy registration service and is currently redirecting to dynamic websites.  Based on the evidence provided by the Complainant, the disputed domain name was previously used to point to a parking page with pay-per-click (PPC) links related to the Complainant's activities. \r\n\r\nThe Complainant amended the Complaint following the disclosure of the Respondent's contact details.\r\n\r\nThe Respondent did not respond to the Complaint.\r\n",
    "other_legal_proceedings": "None that the Panel has been made aware of.",
    "no_response_filed": "Parties' Contentions\r\n\r\nComplainant\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant evidences the four trade mark rights listed in the \"Identification of Rights\" section above.  The Complainant submits that the disputed domain name is confusingly similar to its FRENCH OPEN trade mark by incorporating the entire trade mark with the addition of the generic term \"tennis\" and the number \"2019\".  The Complainant also contends that the use of the .COM generic Top Level Domain (gTLD) does not prevent the likelihood of confusion between the disputed domain name and the Complainant’s trade mark.\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant underlines that a complainant is required to make out a prima facie case that a respondent lacks rights or legitimate interests and the burden of proof then shifts to the respondent to rebut the complainant’s prima facie case.\r\n\r\nThe Complainant submits that the Respondent is not commonly known by the disputed domain name as the registrant information in the WHOIS database is not similar to the disputed domain name. \r\n\r\nThe Complainant further submits that the Respondent has no rights or legitimate interests in respect of the disputed domain name as it is not related in any way to the Complainant, nor is it licensed or authorised by the Complainant to make any use of its FRENCH OPEN trade marks.\r\n\r\nFinally, since the disputed domain name was previously used to point to a parking page with PPC links, the Complainant contends that such use cannot be considered as a bona fide offering of goods or services, nor can it constitute legitimate non-commercial or fair use.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as registration in bad faith is concerned, the Complainant contends that the Respondent should have known of its FRENCH OPEN trade mark at the time of registration of the disputed domain name, notably given the distinctiveness and reputation of the Complainant's trade mark worldwide. \r\n\r\nThe Complainant further submits that the Respondent was involved as a respondent in numerous proceedings under the Policy where the panels ordered the transfer of all domain names in question. \r\n\r\nWith regard to use in bad faith, the Complainant argues that the Respondent's use of the disputed domain name to point to a parking page with PPC links strongly suggests the Respondent's attempt to attract internet users to its own website for commercial gain. \r\n\r\nRespondent\r\n\r\nThe Respondent did not respond to the Complaint.\r\n\r\n",
    "rights": "The Complainant has shown, to the satisfaction of the Panel, that the disputed domain name is confusingly similar to a trade 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 shown, to the satisfaction of the Panel, that the Respondent has 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 shown, to the satisfaction of the Panel, that 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": "Accepted",
    "panelists": [
        "Jane Seager"
    ],
    "date_of_panel_decision": "2019-07-30 00:00:00",
    "informal_english_translation": "The Complainant has supplied evidence that he is the owner of the following trade mark rights:\r\n\r\n-\tFrench Trade mark n°1512760, FRENCH OPEN, registered on 3 February 1989;\r\n-\tInternational Trade mark n°538170, FRENCH OPEN, registered on 22 June 1989;\r\n-\tFrench Trade mark n°1658995, FRENCH OPEN, registered on 29 April 1991;\r\n-\tInternational Trade mark n°732452, ROLLAND GARROS FRENCH OPEN, registered on 17 April 2000. \r\n",
    "decision_domains": {
        "FRENCHOPENTENNIS2019.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}