{
    "case_number": "CAC-UDRP-100498",
    "time_of_filling": "2012-09-16 15:37:46",
    "domain_names": [
        "acharyainduprakash.net"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "Acharya  Prakash Indu "
    ],
    "complainant_representative": null,
    "respondent": [
        "Fundacion Private Whois"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant’s personal name is Indu Prakash, but he is also known as Acharya Indu Prakash, as the name “Achraya” is a title used in India for guide or instructor or learned man. \r\nThe Complainant is an astrologer and offers his services through appearances on the television station India TV, through his own website at the domain name <acharyainduprakash.com>, and in a monthly magazine about astrology. \r\nThe Respondent registered the disputed domain name on August 11, 2011.  It operates a website from the disputed domain name which is critical of the Complainant and on which the Respondent has published details of an alleged dispute with the Complainant.\r\n\r\nComplainant's Contentions\r\nThe Complainant contends that the disputed domain name is identical to a trade mark or service mark in which the Complainant has rights.\r\nThe Complainant contends that the Respondent does not have any rights or legitimate interest in the disputed domain name.  \r\nThe Complainant further contends that the disputed domain name has been used in bad faith.  The Complainant asserts that the disputed domain name was not used in connection with the bona fide offering of goods or services and that the Respondent does not make a legitimate non-commercial or fair use of the disputed domain name as the website is operated with intent for commercial gain to misleadingly divert consumers or to tarnish the trade or service mark.  The Complainant asserts that the disputed domain name is being used in bad faith as there is evidence that it was registered primarily for the purpose of disrupting the business of a competitor.  This is based on the submission that the website under the  disputed domain name describes the Complainant as a “Fake & Blacklisted Astrologer” and asserts that the Complainant’s website was created to divert and mislead clients of a competitor known as Ved Bhawan.\r\nThe Complainant requests for the reasons summarised above, and as more particularly set out in the Complaint, that the disputed domain name is cancelled and\/or its registration is transferred to Acharya Indu Prakash.\r\n",
    "other_legal_proceedings": "The Panel is not aware of any court proceedings having been filed in relation to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the 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 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 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 Respondent did not file its Response on time and did not submit a further filing in accordance with the Panel Order of October 16, 2012 by the due date being October 23, 2012.  As a result, the Panel will not consider the filing made by the Respondent on 25 October 2012.  In addition, the Panel will not consider the late submissions made by the Complainant on 26 October, 2012.",
    "decision": "Accepted",
    "panelists": [
        "Alistair Payne"
    ],
    "date_of_panel_decision": "2012-10-30 00:00:00",
    "informal_english_translation": "The Complainant is the registered owner of the domain name <www.acharyainduprakash.com>. From this website the Complainant offers his services as an astrologist. The Complainant does not currently own any registered trade marks for ACHARYA INDU PRAKASH. The Complainant asserts common law rights in the trade mark. \r\n\r\nThe disputed domain name <acharyainduprakash.net> was registered with Internet.bs Corp. of 8619NW 68th St, PTY R 0332, Miami FL 33166-2667, USA by the Respondent on August 11, 2011.",
    "decision_domains": {
        "ACHARYAINDUPRAKASH.NET": "TRANSFERRED"
    }
}