{ "case_number": "CAC-UDRP-106500", "time_of_filling": "2024-05-03 09:18:35", "domain_names": [ "our-rescue.org" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Operation Underground Railroad Inc." ], "complainant_representative": "Convey srl", "respondent": [ "Moses Oyewole" ], "respondent_representative": null, "factual_background": "

The Complainant (Operation Underground Railroad Inc.) is a U.S. based nonprofit organization founded by Mr. Tim Ballard dedicated since the year 2013 to combatting child sexual exploitation and human trafficking.<\/span><\/p>\n

The Complainant informs that Operation Underground Railroad Inc. is globally assisting law enforcement agencies in rescue efforts and help through providing aftercare to all those affected by human trafficking. The Complainant offers vital resources to authorities around the world and works tirelessly to raise awareness and meet survivors on their healing journey. The Complainant also provides evidence as appropriate to assist law enforcement agencies with prosecution. The Complainant declares to be involved in more than 4.000 operations, with more than 7.000 impacted lives and more than 6.500 arrests.<\/p>\n

The Complainant invites customers to donate money in favour of its cause as donations play a pivotal role in Complainant's mission to combat child sexual exploitation and human trafficking. From funding future operations to providing essential aftercare services for survivors, every contribution propels the Complainant closer to its goal of eradicating this crime.<\/span><\/p>\n

The Complainant has proved to be the owner of numerous international and U.S. Trademark registrations, which either consist of or contain the denomination “OUR”. Furthermore, the Complainant has registered and is using several domain names, including <ourrescue.org> which is connected to the Complainant's official website.<\/p>\n

The disputed domain name <our-rescue.org> was registered on August 16, 2023.<\/span><\/p>\n

According to the Complainant, the disputed domain name is confusingly similar to the Complainant's \"OUR\" trademark since the disputed domain name incorporates the whole of the Complainant’s trademark \"OUR\".<\/p>\n

Furthermore, in the Complainant's view, the Respondent has no rights or legitimate interests in respect of the disputed domain name since it <\/span>is not a licensee nor an authorized agent of the Complainant; the Respondent, according to the Complainant, has been never authorized to use \"OUR\" trademark. The Complainant also states that the Respondent is not commonly known by the domain name in dispute and that its family name does not correspond to \"OUR\" or to the disputed domain name.<\/p>\n

The Complainant also notes that the disputed domain name has been registered and is being used by the Respondent in bad faith since it is connected to a website similar to the Complainant's one and in which appears also the Complainant's trademark. In consideration of the above, the Complainant insists that the disputed domain name has been registered and is being used by the Respondent with the only purpose of attracting innocent visitors and Internet users and soliciting donations bearing Complainant’s trademarks and passing off as the Complainant.<\/p>\n

Finally, the Complainant informs that the Respondent never answered to a cease-and-desist letter sent by the Complainant on April 3, 2024, and requesting the transfer of the ownership of the domain name <our-rescue.org>.<\/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 summarized above.<\/p>\n

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NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>\n <\/div>\n<\/div>", "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": [ "Guido Maffei" ], "date_of_panel_decision": "2024-06-06 00:00:00", "informal_english_translation": "

The Complainant is the owner, amongst others, of the following trademark registrations:<\/p>\n

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1) OUR (device) US TM no. 4850725 registered on November 10, 2015 in classes 36 and 39;<\/span><\/p>\n

2) OUR (device) International registration no. <\/span>1614271 registered on July 21, 2021 in classes 25, 36 and 39.<\/p>\n

<\/p>\n<\/div>", "decision_domains": { "our-rescue.org": "TRANSFERRED" }, "panelist": null, "panellists_text": null }