{ "case_number": "CAC-UDRP-106133", "time_of_filling": "2024-01-04 15:08:56", "domain_names": [ "roadtorolandgarros.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "FEDERATION FRANCAISE DE TENNIS (FFT)" ], "complainant_representative": "NAMESHIELD S.A.S.", "respondent": [ "adam yan" ], "respondent_representative": null, "factual_background": "

Founded in 1920, the FEDERATION FRANCAISE DE TENNIS (the Complainant) promotes, organizes and develops tennis in France. It counts more than 1.1 million licensees in 2023. The Complainant also provides representation of France in international meetings and organizes major tournaments such as the International of France at Roland Garros.<\/p>\n

The International of France of Roland Garros, also called “French Open”, is the biggest tournament of the tennis season on clay and the only Grand Slam still competing on that surface.<\/p>\n

The Complainant is the owner of numerous trademarks and domain names containing the expression “ROLAND GARROS”.<\/p>\n

The disputed domain name <roadtorolandgarros.com> was registered on December 20, 2023, and resolves to a login page in Indonesian for a gambling, slot machines, and betting website.<\/p>\n

The disputed domain name is, in the view of the Complainant, confusingly similar to the Complainant’s trademark ROLAND GARROS, because the trademark ROLAND GARROS is identically reproduced.<\/p>\n

The Complainant asserts that the addition of the terms “ROAD TO” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark ROLAND GARROS. It does not change in the view of Complainant the overall impression of the designation as being connected to the Complainant’s trademark ROLAND GARROS. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant’s trademark and the domain name associated.<\/p>\n

On the contrary, the Complainant states that the term “ROAD TO ROLAND GARROS” worsens the risk of confusion as it refers to a refereeing formation with the aim of becoming a linesman at Roland Garros.<\/p>\n

Furthermore, the Complainant contends that the addition of the gTLD “.COM” does not change the overall impression of the designation as being connected to the Complainant’s trademark. It does not prevent the likelihood of confusion between the disputed domain name and the Complainant, its trademark and its domain names associated.<\/p>\n

Thus, the disputed domain name is, in the view of the Complainant, confusingly similar to the Complainant's trademark, ROLAND GARROS.<\/p>\n

The Complainant asserts that the Respondent is not identified in the Whois database as the disputed domain name. Past panels have held that a Respondent was not commonly known by a disputed domain name if the Whois information was not similar to the disputed domain name. Thus, the Respondent is not known as the disputed domain name. <\/p>\n

The Complainant contends that the Respondent has no rights or legitimate interests in respect of the domain name and he is not related in any way with the Complainant. The Complainant does not carry out any activity for, nor has any business with the Respondent.<\/p>\n

Neither license nor authorization has been granted to the Respondent to make any use of the Complainant’s trademark ROLAND GARROS, or apply for registration of the disputed domain name.<\/p>\n

Furthermore, the disputed domain resolves to a login page in Indonesian for a gambling, slot machine and betting website. The Complainant therefore contends that the Respondent has registered the disputed domain name with the aim to attract internet users and to divert Internet traffic initially destined to the Complainant into its proper website by creating a likelihood of confusion. Moreover, the content of the website is unrelated to the disputed domain name. The Complainant claims this does not constitute a 'bona fide' offering of goods.<\/p>\n

The disputed domain name is confusingly similar to the Complainant's trademark ROLAND GARROS. Given the distinctiveness of the Complainant's trademark and reputation, the Complainant can state that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark ROLAND GARROS, and therefore could not ignore the Complainant. Furthermore, the disputed domain name resolves to a login page in Indonesian for a gambling, slot machines and betting website. The Complainant contends that the Respondent registered and is using the disputed domain name to divert users, presumably for commercial gain, which is evidence of bad faith under Policy. <\/em><\/p>\n

Consequently, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n

<\/p>\n

 <\/span><\/p>", "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.<\/p>", "no_response_filed": "

Complainant´s contentions are summarised above.<\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Jan Schnedler" ], "date_of_panel_decision": "2024-01-30 00:00:00", "informal_english_translation": "

The Complainant is the owner of numerous trademarks containing the expression “ROLAND GARROS”, such as the following international registrations:<\/p>\n