{
    "case_number": "CAC-UDRP-100868",
    "time_of_filling": "2014-12-10 10:13:40",
    "domain_names": [
        "bilink.tv"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Bilink LLC"
    ],
    "complainant_representative": null,
    "respondent": [
        "Domains By Proxy, LLC"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is an internet and television company based in Ukraine and founded in 2007.  Since 2012, it provides television services through the website www.bilink.tv.\r\n\r\nThe Domain Name was registered in the name of the Complainant and on behalf of the Complainant on 18 September 2012 by the Respondent, then an employee of the Complainant. \r\n\r\nOn 2 November 2013, the Respondent transferred the Domain Name to another registrar without the Complainant's authorisation and concealed the registrant details of the Domain Name using a privacy protection service.  The Respondent resigned his employment thereafter.\r\n\r\nThe Domain Name has always pointed since it was registered to the Complainant's website.\r\n",
    "other_legal_proceedings": "The Complainant has filed a criminal complaint in Ukraine in connection with the Domain Name and has provided evidence thereof (Complaint No. 21299 dated 08.10.2014, registered on 11 October 2014 under Complaint No. 49523 in the Shevchenkivskyi District Department). \r\n\r\nThe fact that the Complainant has filed a criminal complaint does not prevent the Panel from deciding this case. The Panel therefore rules to proceed with a decision on the merits.\r\n",
    "no_response_filed": "PARTIES' CONTENTIONS\r\n\r\nTHE COMPLAINANT\r\n\r\nThe Complainant asserts that it provides television services to subscribers through the website www.bilink.tv since 2012.  Through the Complainant's website subscribers can register themselves and choose the type of equipment on which they can view TV, and download the necessary software to be installed on the equipment, amongst other things.\r\n\r\nThe Complainant states that its company, Bilink LLC, was registered in 2007 in Ukraine. As evidence, it has provided an extract from the Uniform State Register of Legal Entities and Individual Entrepreneurs in Ukraine.  The Complainant further states that \"Bilink\" is the commercial name of the Complainant since it was registered. In addition, the Complainant further asserts that on 10 July 2014 it filed a trade mark application for BILINK (semi-figurative) for goods and services in Class 38.  As evidence, the Complainant has provided a copy of the receipt of the trade mark application issued by the \"Ukrainian Industrial Property Institute\" No.96916 dated 10 July 2014.\r\n\r\nThe Complainant asserts that it registered the domain name <bilink.tv> (the \"Domain Name\") on 18 September 2012 through the registrar LLC BTM GLOBAL GROUP (Parkovka.UA) (the \"First Registrar\").  As evidence, the Complainant has provided payment orders for 2012, 2013 and 2014.\r\n\r\nThe Complainant asserts that in September 2014, during the process of renewing the Domain Name, it was informed that the Domain Name was transferred to another registrar on 2 November 2013.  As evidence, the Complainant has submitted a letter dated 17 September 2014 from the First Registrar where it states the transfer request was made on 23 October 2013 by an individual named Mr. Dyatel Dmitriy Vladimirovich, with his email address \"xxxxx@bilink.ua\". \r\n\r\nThe Complainant asserts that further to an internal investigation, it was determined that Mr. Dyatel Dmitriy Vladimirovich, the individual who made the transfer request, is a former employee of the Complainant, who held the position of Technical Director at the Complainant's company.   The Complainant states that whilst in September 2012 Mr. Dyatel Dmitriy Vladimirovich was tasked to register the Domain Name on behalf of the Complainant, Mr. Dyatel Dmitriy Vladimirovich made the transfer request of the Domain Name without the Complainant's knowledge and consent. \r\n\r\nThe Complainant further asserts that the WHOIS record of the Domain Name shows that the Domain Name was registered using a privacy protection service.\r\n\r\nThe Complainant further submits that it does not have the authorisation codes of the Domain Name.\r\n\r\nThe Complainant further submits that the DNS-servers of the Complainant are attached to the Domain Name: NS.BILINK.UA and NS2.BILINK.UA.  Thus the Complainant submits that it is limited in using the website www.bilink.tv, and does not have the ability to make changes to the website.\r\n\r\nThe Complainant asserts that the Respondent unlawfully and illegally transferred the Domain Name with the purpose of preventing the Complainant, the rightful owner of the Domain Name, to use the Domain Name in the course of its activities.  The Complainant further submits that the Respondent may at any time make changes to the settings of the DNS configuration of the Domain Name, which would entail for the Complainant the loss of control over services, uncontrolled situation with the software, loss of personal data of subscribers, etc.  As a result, the Complainant asserts that it will suffer considerable loss, including to its reputation as a reliable supplier of TV services.  In addition, the Complainant asserts that it may be held liable for failing to fulfil obligations regarding the rebroadcasting of their television channels.\r\n\r\nIn addition, the Complainant asserts that the Respondent transferred the Domain Name with the purpose of selling the Domain Name to the Complainant or to one of its competitor for an amount exceeding the cost of registration and service of the Domain Name.  As evidence, the Complainant has submitted a transcript of a conversation through Skype between the Complainant and the Respondent in which the Respondent stated that \"The Domain Name is for Sale\".   In further support of its claim, the Complainant states that the Respondent does not provide television services as he does not have the appropriate permissions, contracts with the owners of TV channels and does not have adequate technical capabilities to provide such services in the field of television.\r\n\r\nBased on the above, the Complainant requests that the Domain Name is transferred to the Complainant.  \r\n\r\nRESPONDENT\r\n\r\nNo administratively compliant Response was filed by the Respondent.\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": [
        "David Taylor"
    ],
    "date_of_panel_decision": "2015-02-10 00:00:00",
    "informal_english_translation": "The Complainant relies on its company name BILINK LLC (registered in 2007) and a pending trade mark application in the term BILINK filed in 2014 with the Ukrainian Industrial Property Institute to demonstrate that it has rights in the term BILINK.\r\n\r\nAs discussed further below, the Complainant also has unregistered rights in BILINK.\r\n",
    "decision_domains": {
        "BILINK.TV": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}