{ "case_number": "CAC-UDRP-105004", "time_of_filling": "2022-12-02 12:56:05", "domain_names": [ "flashscorelive.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Mgr. Martin Brandýs (Livesport s.r.o.)" ], "complainant_representative": null, "respondent": [ "Chadi Bouslimi" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n

The Complainant owns the domain name <flashscore.com> and similar domain names under various country top level domains (e.g. <flashscore.fr>, <flashscore.dk>, <flashscore.de>, <flashscore.es>).<\/p>\n

To add context, the Complainant’s websites are operated under contractual relationship by our subsidiary company Livesport Media Ltd, which is (based on our contractual relationship) stated in domain name registry as contact person for Livesport s.r.o.<\/p>\n

The “FlashScore” (also may be presented in capitals FLASHSCORE) is well-known worldwide brand for online sports results, statistics and information about sports presented on internet, Google Play Store, App Store, Huawei Store and other smaller stores. The “FlashScore” network was established in 2006 and now covers more than 6,200 competitions from all over the world, and brings all important moments from over 700,000 sports events every year. The “FlashScore” network in 2021 reached 100 million visits per month.<\/p>\n

The dispute Domain Name was registered on July 21, 2022.<\/p>\n

<\/p>\n

<\/p>\n

PARTIES CONTENTIONS<\/strong><\/p>\n

COMPLAINANT:<\/p>\n

    \n
  1. THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO COMPLAINANT’S TRADEMARK<\/li>\n<\/ol>\n

    The Respondent in the website resolving from the disputed Domain Name, presents himself under name Flash Score Live, which includes our trademark name (FlashScore - without divider) and which includes generic term \"Live\", which relates to live sport results (core of our business e.g. https:\/\/www.flashscore.com\/).<\/p>\n

    According to Complainant´s conclusion the name Flash Score Live is not capable to sufficiently distinguish operated website nor the disputed Domain Name itself, which includes Complainant´s trademark (without capital letters and without divider) and generic word \"live\" which is identical with the nature of Complainant´s service - live sport service.<\/p>\n

     <\/p>\n

      \n
    1. RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTEREST IN RESPECT OF THE DISPUTED DOMAIN NAME<\/li>\n<\/ol>\n

      The Respondent does not have any rights or legitimate interest in the disputed Domain Name, the Complainant has not provided any licence nor other contract to the Respondent.<\/p>\n

      The Respondent uses the disputed Domain Name for the same purposes as the Complainant - sport results and statistics.<\/p>\n

       <\/p>\n

        \n
      1. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS BEING USED IN BAD FAITH<\/li>\n<\/ol>\n

        The Respondent uses the disputed Domain Name for football sport result services, which directly competes with our services. Moreover, the disputed Domain Name is unfairly parasiting on our trademark and websites under FlashScore brand (eg. flashscore.com) with the goal of creating commercial gain by creating a likelihood of confusion with the services of Complainant.<\/p>\n

         <\/p>\n

        RESPONDENT<\/p>\n

        The Respondent provided following statement to the complaint:<\/p>\n

        \"Hello ladies and gentlemen<\/p>\n

        It's surprising, I didn't expect this to happen<\/p>\n

        I found a publicly available domain name and bought it<\/p>\n

        What's wrong with that<\/p>\n

        It is all in good faith<\/p>\n

        And the evidence is<\/p>\n

        My site is non-profit because it does not contain ads<\/p>\n

        Madam Judge, Mr. Judge<\/p>\n

        Thanks for informing me about it<\/p>\n

        I am really shocked about it, because months of effort can be wasted<\/p>\n

        I also lost money and effort<\/p>\n

        Thank you for your understanding, and I am ready for your judgment, even if it means stopping my site from working\"<\/p>", "other_legal_proceedings": "

        The Panel is unaware of any other pending or decided legal proceedings relating to the disputed Domain Name.<\/p>", "no_response_filed": null, "rights": "

        To the satisfaction of the Panel, the Complainant has shown that the disputed Domain Name is identical or confusingly similar to the trademark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "

        To the satisfaction of the Panel, the Complainant has 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).<\/p>", "bad_faith": "

        To the satisfaction of the Panel, the Complainant has 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).<\/p>", "procedural_factors": "

        The Panel is satisfied that all procedural requirements under UDRP have been met. There is no other reason why it would be unsuitable for providing the Decision.<\/p>", "decision": "Accepted", "panelists": [ "Rodolfo Rivas Rea" ], "date_of_panel_decision": "2023-01-03 00:00:00", "informal_english_translation": "

        The Complainant owns various trademarks including the following:<\/p>\n

        EU trademark 13093646 for “FLASHSCORE” registered on 31 December 2014.<\/p>", "decision_domains": { "flashscorelive.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }