{
    "case_number": "CAC-UDRP-102544",
    "time_of_filling": "2019-07-12 09:45:28",
    "domain_names": [
        "learnbabbel.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Lesson Nine GmbH"
    ],
    "complainant_representative": null,
    "respondent": [
        "Boxit Ali"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a company specialized in online language learning and it is the global leader of its sector. The Complainant is known in the business as “Babbel” and uses the website www.babbel.com. The Complainant also uses the generic term “learn” on the services offered via mentioned website.\r\n\r\nThe Complainant holds  trademark registrations for “BABBEL” (trademark registration n°013641485 in European Union and trademark registration n°4980763 in United States). The Complainant also holds  trademark registrations bearing “+BABBEL” (trademark registration n°013646179 in European Union and trademark registration n°4980764 in United States).\r\n\r\nThe Respondent registered the disputed domain name <learnbabbel.com>. The disputed domain name is currently active.\r\n\r\nOn June 21, 2019 the Complainant sent an e-mail to the Respondent about the disputed domain name and requested the transfer of the disputed domain name. However, the Respondent did not reply the Complainant. ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the disputed domain name. ",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant is a company specialized in online language learning and is the leading company in its sector. \r\n\r\nThe Complainant holds trademark registrations for the trademarks “BABBEL” and “+BABBEL” in European Union and United States and also uses the website www.babbel.com.\r\n\r\n\r\n1. THE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR TO THE COMPLAINANT’S REGISTERED TRADEMARKS \r\n\r\nThe disputed domain name is confusingly similar to the Complainant’s registered trademarks “BABBEL” and “+BABBEL” as it includes the Complainant’s “BABBEL” trademark as a whole along with the generic term “LEARN”.\r\n\r\nThe Complainant alleges that the combination of the “BABBEL” and the generic term ‘’LEARN’’ is not sufficient to abolish the confusing similarity between the disputed domain name and the Complainant’s trademarks. Furthermore, the generic term “LEARN” word even increase the likelihood of confusion since this term is the Complainant’s marketing tool.\r\n\r\n\r\n2. THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME \r\n\r\nThe Complainant states that the Respondent has no rights to the disputed domain name as the Respondent has no right, permission or license on the Complainant’s registered trademarks.\r\n\r\n\r\n3. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\n\r\nThe Complainant states that the disputed domain name was registered and is being used in bad faith. The Complainant alleges that, the disputed domain name resolves to a website which uses the pirated versions of the Complainant’s software and the Respondent has an intention to attract the users for commercial gain by using the Complainant’s trademarks.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO 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, 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": "Accepted",
    "panelists": [
        "Mrs Selma Ünlü"
    ],
    "date_of_panel_decision": "2019-08-20 00:00:00",
    "informal_english_translation": "The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the following:\r\n-\tEuropean Union trademark “BABBEL” (registration n°013641485) dated April 28, 2015.\r\n-\tEuropean Union trademark “+BABBEL” (registration n°013646179) dated June 5, 2015.\r\n-\tUnited States trademark “BABBEL” (registration n°4980763) dated June 21, 2016.\r\n-\tUnited States trademark “+BABBEL” (registration n°4980764) dated June 21, 2016.\r\nMoreover, the Complainant uses the domain name bearing “BABBEL” as BABBEL.COM via website <www.babbel.com> for its business.\r\n",
    "decision_domains": {
        "LEARNBABBEL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}