{ "case_number": "CAC-UDRP-106769", "time_of_filling": "2024-08-08 09:19:24", "domain_names": [ "dusanvlahovic.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Dusan Vlahovic" ], "complainant_representative": "Fulvio Meconi (GriffeShield S.r.l.)", "respondent": [ "Xu Zi Qian" ], "respondent_representative": null, "factual_background": "

As the Respondent did not file any valid response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:<\/span><\/p>\n

    \n
  1. \n

    The Complainant is a worldwide known football player. He is a Serbian professional footballer who plays as a striker for the Italian Serie A “Club Juventus” and for the Serbia national team. Before joining Juventus in 2022, the Complainant had played for Fiorentina, another Serie A team, since 2017. He has also regularly played for Serbian national team since 2020. He is also active on social networks and engages in sponsorship and other marketing activities related to his career as football player.<\/p>\n<\/li>\n

  2. The disputed domain name was registered on 14 August 2021 and there is no active website under the disputed domain name; there is only a parking page with links.<\/span><\/span><\/li>\n
  3. The disputed domain name has been offered for sale by the Respondent on several occasions, in particular on sedo.com for EUR 20,000 and name.com for EUR 5430,63 and opened for bidding at dan.com<\/li>\n<\/ol>", "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": "

    THE COMPLAINANT:<\/span><\/p>\n

    \n

    In addition to the above factual assertions, the Complainant also contends the following:<\/span><\/p>\n

      \n
    1. \n

      The Complainant asserts that the disputed domain name is identical or confusingly similar to his personal name. Although the Complainant does not have registered trademark for this personal name, the Complainant believes that in situations where an unregistered personal name is being used for trade or commerce, the Complainant can establish common law trademark rights in the name. At the time of registration of the disputed domain name, the Complainant was already a famous football player known worldwide and his reputation has only become greater since then. Referring to WIPO cases No. D2000-0210 <juliaroberts.com> and D2022-0036 <emmanuel-macron.com> the Complainant believes that given his reputation as worldwide known football player, similar protection should be awarded to his personal name.<\/p>\n<\/li>\n

    2. The Complainant has not authorized the Respondent to register his name as domain name or trademark or to make other use of such name in any manner whatsoever. Complainant is not in possession of, nor aware of, the existence of, any evidence tending to demonstrate that the Respondent is commonly known by the disputed domain name, as individual, business name or other organization name. The Respondent has not provided the Complainant with any evidence of the use of, or demonstrable preparations to use, the disputed domain name in connection with a bona fide offering of goods or services before any notice of the dispute. Therefore, the Respondent does not have any rights or legitimate interests in respect of the disputed domain name.<\/span><\/li>\n
    3. \n

      The disputed domain name is identical to the personal name of the Complainant, a famous professional football player of Juventus Football Club and Serbian national team. The Complainant believes that the Respondent is not in position to claim that it was unaware of the Complainant and his reputation at the time of registration of the disputed domain name. Moreover, the disputed domain name was offered for sale on several occasions for the price as high as EUR 20,000 which clearly exceeds the costs of registration and maintenance of the disputed domain name. Consequently, the Complainant believes that the disputed domain name has been registered and is being used in bad faith.<\/p>\n<\/li>\n<\/ol>\n

      For these reasons the Complainant believes that it satisfies all requirements under the Uniform Domain Name Dispute Resolution Policy (\"UDRP<\/strong>\" or \"Policy<\/strong>\") for transfer of the disputed domain name to the Complainant. <\/span><\/p>\n

      THE RESPONDENT:<\/span><\/p>\n


      <\/span>The Respondent did not provide any valid response to the complaint, despite being notified about the complaint in English as well as Chinese language. The Respondent only responded by “go to hell” message after being notified of the complaint.<\/p>\n

       <\/span><\/p>\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>\n

      For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

      For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

      For details, please see \"Principal Reasons for the Decision\".<\/span><\/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": [ "Michal Matějka" ], "date_of_panel_decision": "2024-09-14 00:00:00", "informal_english_translation": "

      The Complainant asserts unregistered trademark rights to his personal name Dusan Vlahović<\/span>.<\/p>\n

      The disputed domain name <dusanvlahovic.com> was registered on 14 August 2021.<\/p>", "decision_domains": { "dusanvlahovic.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }