{
    "case_number": "CAC-UDRP-100559",
    "time_of_filling": "2013-03-07 21:09:35",
    "domain_names": [
        "XTRANCE.INFO"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "DILIA,... o. s."
    ],
    "complainant_representative": null,
    "respondent": [
        "Jan Novak"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, whose full name is DILIA, divadelní, literární, audiovizuální agentura o. s., is one of several Czech publishers claiming their copyright has been infringed by the unlawful uploading of their works in electronic form on the webpage xtrance.info, where those works have been freely offered for downloading.\r\n\r\nThe domain name xtrance.info (\"the Domain Name\") was registered on January 7, 2010. The police investigation was formally initiated by another publisher way of a report of the commission of a crime dated April 29, 2011. The Complainant's XTRANCE trademark was registered on November 14, 2012 upon application filed on April 2, 2012. The police investigation was suspended on May 31, 2012 because of difficulty in obtaining international assistance to identify the administrator of the Domain Name, which was at the time registered in the name of a privacy service and was hosted in the United States of America.\r\n\r\nThis Complaint was initiated on March 7, 2013, naming the privacy service as respondent. After the Registrar identified Jan Novak as the registrant, the Complaint was amended to name him as Respondent. ",
    "other_legal_proceedings": "According to the Complainant, there is a \"criminal proceeding conducted in the pre-trial phase by the Criminal Police Prague 1 under the file No. ORI-12270\/TČ-2011-91-SAN regarding illegal possession and use of the domain name xtrance.info in violation of the Complainant's intellectual property rights. The proceeding has been postponed because the Police could not find the offender of the committed crimes\".",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\nThe Complainant says the Domain Name is identical to the Complainant's Czech national trademark XTRANCE; that the Respondent has no rights or legitimate interests in the Domain Name, which was registered and is being used in bad faith.\r\n\r\nAs to legitimacy, the website to which the Domain Name resolves is designed to attract Czech customers, being in the Czech language.  It offers illegal e-books services and advertises a forum on electronic books. The Respondent registered the Domain Name in order to operate a website offering these illegal services to the public and pop-up advertising. The Respondent could not have acquired any property rights or legitimate interest in a name used since the beginning exclusively for illegal criminal activity. There has been never any bona fide offering of goods or services by the Respondent.\r\n\r\nThe Complainant contacted the proxy registrant in 2011 and 2013 and was advised to contact the true domain name owner by a form provided on the proxy registrant’s website which did not result in any reply from the real domain name owner.\r\n\r\nThe sole purpose of the operation of the website at the Domain Name constitutes an illegal activity and diversion of consumers from the legitimate services of the Complainant and its clients. It is aimed to disrupt the legitimate e-book services of the Complainant and its clients and licensees by providing illegal free services and tarnishing the  Complainant’s trademark.\r\n\r\nAs to bad faith, the Complainant admits that its trademark was registered only after the Domain Name was registered in connection with a long planned project for an e-book online marketplace. Even though the Complainant is well aware that generally, a registrant who has registered a domain name prior to the registration of the complainant’s trademark does not violate the UDRP, there are exceptions to this rule. Among such exceptions is a situation where the registrant has registered the domain name with the intent to disrupt a competitor’s business [UDRP 4(b)(iii)].\r\n\r\nHere, the Domain Name registration has been executed with the intention to disrupt a competitor’s business which is clearly obvious from the use of a privacy registration service, failure to respond to cease-and-desist letters and from the operation of the website for commercial gain, including the advertisement of other persons’ services.\r\n\r\nThe Respondent's Intention to disrupt the Complainant’s business is also clear from the website’s only purpose – large scale criminal infringement of copyright of rights holders represented by virtue of law or by contract by the Complainant who licenses their rights to users.\r\n\r\nRESPONDENT:\r\n\r\nI must respond to some false incrimination.\r\n\r\nThe Domain Name xtrance.info was registered in January 2010 as a detailed database of authors-writers, books, stories and magazines - it is filled not centrally, but by the user community.\r\n\r\nIn 2011 the previous administrator had some problems with copyrighted materials - after notice from webhosting, the  problems were corrected and now our webpages are fully legal, with no copyrighted material displayed, only links to other public sources with ebooks - freely dowloadable or for purchase. The webpages at xtrance.info are quite popular - now we have 10.000 registered users, and our database expands every day.\r\n\r\nThe Complainant registered its trademark 'XTRANCE' in 2012 - more than two years after registration of the Domain Name, at a time when our pages were already very popular.\r\n\r\nWe beleive that the Complainant wants illegally enrich itself on public familiarity with the Domain Name and that the trademark registration was performed with the purpose of  harming us.\r\n\r\nOur pages are not commercial, we have no commercial advertising, no fees from users or other companies. We dont have money for lawyers as does the Complainant.  We must defend ourselves. \r\n\r\nWe are not interested in spamming emails from companies such as the Complainant, which is why use the privacy service 'Privacy Protect', which offered us webhosting. They may contact us any time over private messages to the  administrator on our webpages.",
    "rights": "The relevant time at which a complainant needs to show that it has trademark rights is the time of filing the complaint. The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trademark in which the Complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy).",
    "no_rights_or_legitimate_interests": "Having regard to the Panel's findings in relation to bad faith, it is unnecessary for the Panel to determine whether the Complainant has 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 not shown, to the satisfaction of the Panel, that 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": "Rejected",
    "panelists": [
        "Alan Limbury"
    ],
    "date_of_panel_decision": "2013-03-29 00:00:00",
    "informal_english_translation": "The Complainant is the proprietor of Czech national trademark XTRANCE, registered under No. 328384 with the Czech Industrial Property Office (Úřad průmyslového vlastnictví) for services which include providing electronic books to the public (Nice class 38). ",
    "decision_domains": {
        "XTRANCE.INFO": "REJECTED"
    }
}