{ "case_number": "CAC-UDRP-104405", "time_of_filling": "2022-03-29 11:05:54", "domain_names": [ "faktytvn.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "TVN S.A." ], "complainant_representative": "Paulina Maślak-Stępnikowska attorney-at-law (WKB Wierciński, Kwieciński, Baehr sp. k. )", "respondent": [ "Robert Jałocha" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\nThe Complainant – TVN S.A. – is one of the leading broadcasters in Poland, a part of Discovery, Inc. The Complainant provides its broadcast also abroad – among other via iTVN TV channel, that is available in USA, EU, UK and Australia. TVN S.A. is the owner of the registered Polish national trademark \"Fakty TVN\" (Reg. No. 198799), a combined word and figurative mark with priority date of 10.07.2004, registered for goods and services in classes 3, 9, 16, 25, 28, 35, 38, 41, 42 of the Nice Classification. This trademark was in use by the Complainant since its registration in 2004. \"Fakty TVN\" is a name of a nation-wide news programme and a website serving content produced by the Complainant. The news programme is being broadcasted by the Complainant in the linear terrestrial and satellite technology since 1997 as well as online since 2007 (originally in a domain name ). The Complainant also runs a website under the domain name , where the Complainant broadcasts the news in both audiovisual and written form. The brand \"Fakty TVN\" benefits from a widespread recognition in Poland and appreciation of the audience in respect to the delivered services. A study conducted by the media business portal wirtualnemedia.pl showed that in 2021 \"Fakty TVN\" was watched by an average of 2.64 million viewers.\r\nThe disputed domain name was registered by the Respondent on 23 February 2020. The Respondent is a former employee of the Complainant and currently there is a dispute between them (N.B. it is not related to the disputed domain name). The disputed domain name incorporates the Complainant‘s trademark \"Fakty TVN\" (Reg. No. 198799) in its entirety. The generic Top-Level Domain (“gTLD”), which in this case is “.com” is a technical requirement for domain name registrations and not relevant to the issue of the identity or confusing similarity between the disputed domain name and the Complainant’s trade mark.\r\nThe Complainant underlined that the Respondent is not sponsored by or affiliated with Complainant in any way. Complainant has not licensed, authorized, or permitted Respondent to use Complainant’s trademarks in any manner, including in domain names.\r\nThe Respondent is planning to use the disputed domain name, which is identical to Complainant’s trademark, to post information of a negative nature regarding Complainant and its business practices. This is indicated by the information posted on the website available under the disputed domain name: “The whole truth about working at TVN and Fakty's editorial office coming soon at FaktyTVN.com” (in Polish: Cała prawda o pracy w TVN i redakcji Faktów już wkrótce na FaktyTVN.com).", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed 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 disputed 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 disputed 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 Complainant filed the Complaint in English rather than in Polish (i.e. the language of the registration agreement). Pursuant to paragraph 11(a) of the Rules, unless otherwise agreed by the parties, or otherwise specified in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding. Paragraph 10(b) and (c) of the Rules requires the Panel to ensure that the proceeding takes place with due expedition and that the parties are treated fairly and given a fair opportunity to present their respective cases. \r\nThe Complainant filed its Complaint in English and then requested that English be the language of the proceeding.\r\nThe Complainant noted the following factors supporting English as the fair language of the proceeding:\r\n(a) The Complainant is a part of the global media company Discovery Inc. with headquarteres in New York, USA, and the Respondent is an English-speaking person;\r\n(b) Pursuant to the gTLD domain registration agreement with NetArt Registrar Sp. z o.o. (located at: https:\/\/www.netart-registrar.com\/) any disputes arising from infringement of third parties' rights shall be settled amicably in accordance with the UDRP and RDRP documents adopted by ICANN. The language version of the documents binding on the subscriber shall be the original version of the documents, i.e. English (as required by ICANN).;\r\n(c) The Respondent of the disputed domain name has sufficient knowledge of the English language (has a competency in English).The Respondent is a former reporter\/journalist of TVN broadcaster. Respondent's work consisted of conducting interviews, and other press materials for which the Respondent used English language. English competency is nowadays basicaly essential for the journalist's task.\r\nd) the Respondent participated in voluntary work abroad (https:\/\/eks.org.pl\/)\r\ne) the Complainant has already incurred significant expenses in preparing the English translation of the proofs. English is also one of the most popular\/most widely used languages in the world and English is the official language of the arbitral tribunal. Thus, there are no contraindications to conducting proceedings in English.\r\n\r\nThe Panel also admits additional important factors in favour of the Complainant’s option of English language for this proceeding:\r\n(a) the CAC has notified the Respondent of the proceeding solely in English;\r\n(b) thus, the Respondent has been given the opportunity to present its case in this proceeding and to respond formally to the issue of the language of the proceeding;\r\n(c) however, the Respondent has not responded to the Complainant’s request for a change of the language from Polish to English;\r\nd) in his non-standard communication the Respondent is not complaining anyhow about the language of the proceedings.\r\n\r\nConsidering the above circumstances, the Panel finds that the choice of English as the language of the present proceeding is fair to both parties and is not prejudicial to either one of the parties in his or her ability to articulate the arguments for this case.\r\nThe Panel has also taken into consideration the fact that insisting the Complaint and all supporting documents to be re-filed in Polish would cause an unnecessary burden of cost to the Complainant and would unnecessarily delay the proceeding.\r\nHaving considered all the above matters, the Panel determines under paragraph 11(a) of the Rules that (i) it will accept the Complaint and all supporting materials as filed in English; and (ii) English will be the language of the proceeding and the decision will be rendered in English.\r\n\r\nIn view of all of the above, 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": [ "dr. Darius Sauliūnas" ], "date_of_panel_decision": "2022-05-18 00:00:00", "informal_english_translation": "", "decision_domains": { "FAKTYTVN.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }