{
    "case_number": "CAC-UDRP-106459",
    "time_of_filling": "2024-04-19 09:22:47",
    "domain_names": [
        "investinstlouis.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Invest St. Louis LLC"
    ],
    "complainant_representative": "Dr. John Berryhill (John B. Berryhill LLC)",
    "respondent": [
        "Femby Femby"
    ],
    "respondent_representative": null,
    "factual_background": "<p style=\"font-weight: 400;\">The Complainant, Invest St. Louis LLC, is a licensed real estate association founded in 2012 in St. Louis, Missouri, United States (hereinafter &ldquo;US&rdquo;).<\/p>\n<p style=\"font-weight: 400;\">The Complainant does not own a registered trademark containing the terms &ldquo;invest in St Louis&rdquo;.<\/p>\n<p style=\"font-weight: 400;\">According to the Complainant&rsquo;s evidence, the disputed domain name was first registered on January 14, 2011, by the Complainant. In February 2024, the disputed domain name was transferred out of the Complainant&rsquo;s control to the Respondent.<\/p>\n<p style=\"font-weight: 400;\">According to the Complainant&rsquo;s evidence, the disputed domain name resolved to the Complainant&rsquo;s website displaying the&ldquo;Invest Saint Louis&rdquo; logo at least from 2013 to October 2023. The disputed domain name currently redirects to a gambling website in Indonesian.<\/p>",
    "other_legal_proceedings": "<p>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": "<p style=\"font-weight: 400;\">COMPLAINANT:&nbsp;<\/p>\n<p style=\"font-weight: 400;\">The Complainant considers the disputed domain name to be identical or confusingly similar to a trade or service mark in which it has rights. Although it has no registered trademark containing &ldquo;invest in St Louis&rdquo;, the Complainant claims that:<\/p>\n<ul>\n<li>it has made prominent use of a logo including the terms &ldquo;Invest Saint Louis&rdquo; and the branding &ldquo;Invest in St Louis (Real Estate)&rdquo; and \"Invest St. Louis\" which are reflected in the disputed domain name;<\/li>\n<li>the terms &ldquo;Invest St. Louis&rdquo;, &ldquo;Invest in St. Louis&rdquo; or the &ldquo;Invest Saint Louis&rdquo; logo are not descriptive of a real estate agency;<\/li>\n<li>it has advertised its services not only at the website denominated by the disputed domain name, but through various third party services;<\/li>\n<li>its Google business profile refers substantial traffic and physical traffic seeking its website and physical location as a consequence of consumer recognition of the Complainant's reputation and goodwill;<\/li>\n<li>the Complainant has done business with the &ldquo;Invest St. Louis\" branding since 2011.<\/li>\n<\/ul>\n<p style=\"font-weight: 400;\">The Complainant claims that the Respondent has no rights or legitimate interests in respect of the disputed domain name. According to the Complainant, the disputed domain name has been misappropriated from the Complainant and is currently being used to siphon the Complainant's goodwill by misdirecting visitors to a site which advertises gambling services in Indonesian.<\/p>\n<p style=\"font-weight: 400;\">Finally, the Complainant considers that the disputed domain name was registered and is used in bad faith, as according to the Complainant:<\/p>\n<ul>\n<li>the Respondent's motivation for acquiring the disputed domain name is related to the Complainant's rights in the mark and the goodwill signified thereby (including the Complainant&rsquo;s previous use of the disputed domain name. It is the only apparent explanation for the use which the Respondent is making of a domain name which has nothing to do with either slot machines or Indonesia;<\/li>\n<li>the registrant data for the disputed domain name appears to be false or incomplete;<\/li>\n<li>it has found several other domain names which appear to have been misappropriated and redirecting to the same Indonesian-language gambling site as the one linked to the disputed domain name.<\/li>\n<\/ul>\n<p style=\"font-weight: 400;\">&nbsp;<br \/>RESPONDENT:&nbsp;<\/p>\n<p style=\"font-weight: 400;\">The Respondent did not reply to the Complainant&rsquo;s contentions.&nbsp;<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Flip Petillion"
    ],
    "date_of_panel_decision": "2024-06-03 00:00:00",
    "informal_english_translation": "<div><span lang=\"EN-GB\">The Complainant claims <\/span>unregistered or common law trademark rights for the signs &ldquo;INVEST IN ST LOUIS REAL ESTATE&rdquo;, &ldquo;Invest St. Louis&rdquo; and &ldquo;Invest Saint Louis&rdquo;.&nbsp;<\/div>",
    "decision_domains": {
        "investinstlouis.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}