{
    "case_number": "CAC-UDRP-100510",
    "time_of_filling": "2012-10-10 13:06:21",
    "domain_names": [
        "blogtemplate4u.com ",
        "dhetemplate.com "
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "CW Website Portfolio LLC"
    ],
    "complainant_representative": null,
    "respondent": [
        "Anri  Tepelikyan"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, CW Website Portfolio LLC., is a company located at Arizona (USA) which provides blog templates by the internet through the web sites http:\/\/blogtemplate4u.com\/ and http:\/\/www.dhetemplate.com\/.\r\n\r\nThe Complainant states that the domain names “blogtemplete4u.com” and “dhetemplate.com” have been transferred to the Respondent by an unidentified and unauthorized person using the Complainant´s username and password.\r\n\r\nThe Complainant relies on previous rights regarding the aforementioned domain names, arising from the use of two trademarks, named “blogtemplete4u” and “dhetemplate”, and from the web sites of which the complainant appears as the owner. \r\n\r\nThe Complainant also claims that the Respondent has no rights or legitimate interest in the domain names, and registered them and is using them in bad faith.\r\n\r\nThe respondent filed no response to the complaint.\r\n",
    "other_legal_proceedings": "The panel is not aware of the existence of other proceedings concerning the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\nThe Complainant on its brief upholds that:\r\nThe domain names were previously registered by CW Website Portfolio LLC and an unidentified and unauthorized person used their username and password to log into their account and transferred the Domain names (blogtemplate4u.com and dhetemplate.com) to another Registrant (Anri Tepelikyan) and Registrar (OnlineNICInc). But on both websites it appears on the section “domain name owner” that the domain names are owned by CW Website Portfolio LLC, showing also a street address that coincide with the domicile of the Complainant. \r\n\r\nThe Domain names are identical to the trademarks “blogtemplate4u” and “dhetemplate” in which CW Website Portfolio LLC has rights. The Complainant has been using and continues using these trademarks for conducting business activities.\r\n\r\nThe Respondent does not have any rights or legitimate interests in the domain names. It is not involved in business activities, it has not been commonly known by the domain names and does not make a legitimate use of them.\r\n\r\nThe domain names have been registered and are being used in bad faith because there is evidence indicating that the Respondent has acquired the domain names primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to CW Website Portfolio LLC, that is the owner of the trademark.\r\n\r\n\r\nRESPONDENT:\r\nThe Respondent was notified that an administrative proceeding has been commenced against it pursuant to the Uniform Dispute Resolution Policy and Rules.\r\nThe Respondent never accessed the online platform.\r\nThe commencement of this proceeding was October, 15th, 2012, which means that the due date for the submitting the response was the 5th of November 2012.\r\n\r\nSince no response was filed by the Respondent, on the 6th of November 2012 the Czech Arbitration Court declared him in default, in accordance with the Rules for UDRP and the UDRP Supplemental Rules of the Czech Arbitration Court, and advised him accordingly.\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 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": [
        "Enrique Batalla"
    ],
    "date_of_panel_decision": "2012-11-21 00:00:00",
    "informal_english_translation": "Unregistered trademark rights in the names blogtemplate4u and dhetemplate.",
    "decision_domains": {
        "BLOGTEMPLATE4U.COM ": "TRANSFERRED",
        "DHETEMPLATE.COM": "TRANSFERRED"
    }
}