{
    "case_number": "CAC-UDRP-107283",
    "time_of_filling": "2025-01-31 16:35:55",
    "domain_names": [
        "uefa-tickets.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Union des Associations Europeenes de Football (UEFA)"
    ],
    "complainant_representative": "Stobbs IP (Stobbs IP)",
    "respondent": [
        "Nemykin Dmitriy Aleksandrovich"
    ],
    "respondent_representative": null,
    "factual_background": "<p><span style=\"text-decoration: underline;\"><strong>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/strong><\/span><\/p>\n<p><span style=\"text-decoration: underline;\"><strong>THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS<\/strong><\/span><\/p>\n<p><span style=\"text-decoration: underline;\"><\/span>The Complainant states that it was founded on 15 June 1954 and it is the umbrella organisation for the 55 national football associations across Europe.&nbsp;<\/p>\n<p>The Complainant runs national and club competitions including the UEFA European Football Championship, UEFA Nations League, UEFA Champions League, UEFA Europa League, UEFA Conference League and UEFA Super Cup, and controls the prize money, regulations and media rights to those competitions.<\/p>\n<p>The Complainant refers to its active online presence, including its main website at &lt;uefa.com&gt; and its accounts in social media, including \"Instagram\" and \"Facebook\".<\/p>\n<p>The Complainant claims that it has a significant reputation, has built up a vast amount of goodwill in its UEFA trademarks in the UK and abroad in relation to football in Europe and owns multiple trademark registrations, including registrations provided above.<\/p>\n<p>The Complainant submits that the disputed domain name is identical or at least confusingly similar to its \"UEFA\" trademarks since the addition of \"tickets\" does not negate confusing similarity. In the Complainant's view, the term \"tickets\" actually increases confusing similarity since it is associated with the Complainant and its activities.<\/p>\n<p>The .com gTLD is merely a technical requirement and does not affect confusing similarity.<\/p>\n<p><span style=\"text-decoration: underline;\"><strong>THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME<\/strong><\/span><\/p>\n<p>The Complainant submits that the Respondent does not have any rights or legitimate interests in respect of the disputed domain name.<\/p>\n<p>In particular, the Complainant alleges that the Respondent uses the disputed domain name to offer &ldquo;tickets&rdquo; for UEFA events from an unauthorised vendor. As such the sale of unauthorised &ldquo;tickets&rdquo; for UEFA events diverts customs away from authorised and reputable sources approved by the Complainant, towards the Respondent. As such, the Respondent cannot claim that he is using the disputed domain name for a bona fide offering of goods and\/or services.<\/p>\n<p>&nbsp;The Complainant states that the Respondent has never legitimately been known by the name \"UEFA\" at any point in time.<\/p>\n<p>The Complainant submits that the Respondent is not making a legitimate non-commercial or fair use of the disputed domain name as he uses the disputed domain name for a website that offers unauthorized tickets to UEFA competitions.<\/p>\n<p>Therefore, the Complainant claims that the Respondent does not have rights or legitimate interests in respect of the disputed domain name.<\/p>\n<p><span style=\"text-decoration: underline;\"><strong>THE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH<\/strong><\/span><\/p>\n<p>The Complainant's submissions on the bad faith element can be summarized as follows:<\/p>\n<ul>\n<li>the disputed domain name was registered many years after the registration of the Complainant's marks. The Complainant enjoys a wide reputation in the UEFA brands. The Respondent was aware of UEFA given the disputed domain name makes use of the Complainant&rsquo;s trademarks. The Complainant is a well-known organisation in football and there is no plausible reason for registering the disputed domain name other than to target the Complainant;<\/li>\n<li>the Respondent had actual knowledge of the Complainant&rsquo;s brand and trademarks at the time of the registration of the disputed domain name, and the disputed domain name was registered with intent to target the Complainant&rsquo;s brand;<\/li>\n<li>the Complainant submits that the Respondent can be considered \"competitor\" for the purpose of the Policy and he operates a competing business, therefore, the Respondent registered the disputed domain name primarily for the purpose of disrupting the business of a<br \/>competitor and<\/li>\n<li>the website at the disputed domain name is not an authorised source nor affiliate of the Complainant, therefore the source or existence of any genuine tickets cannot be confirmed. The Complainant submits that this puts the Complainant&rsquo;s customers at risk of fraud or other malicious acts and the Respondent's behavior falls within par. 4 (b) iv) of the Policy.&nbsp;<\/li>\n<\/ul>",
    "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>The Complainants' contentions are summarized in the Factual Background section above.<\/p>\n<p>No administratively compliant Response has been filed.&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>\n<p><span style=\"text-decoration: underline;\"><strong>Language of the proceeding<\/strong><\/span><\/p>\n<p><span style=\"text-decoration: underline;\"><\/span>According to the Registrar verification the language of the registration agreement is Russian.<\/p>\n<p>The Complainant requests to conduct this proceeding in English based on the fact that the disputed domain name resolves to a website in English and it is reasonable to infer that the Respondent is capable of understanding this complaint.<\/p>\n<p>Under par. 11 (a) of the UDRP Rules unless otherwise agreed by the Parties, or specified otherwise 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.<\/p>\n<p>The Panel needs to consider the interests of both parties to the proceeding and provide them with a fair opportunity to present their case and at the same time to ensure that the administrative proceeding takes place with due expedition.<\/p>\n<p>The Panel finds that it would be fair to have English as the language of this proceeding based on the following:<\/p>\n<p>-The website at the disputed domain name has both English and Russian versions. The English version of the website is well developed and this indicates that the website targets international audience including English speaking visitors. Based on the above, it is reasonable to infer that the Respondent understands English and it is not unfair to the Respondent to conduct this proceeding in English;<\/p>\n<p>-The Respondent was notified by the CAC in both Russian and English languages about this proceeding, he did not submit any response (whether formal or informal) and he never accessed the online platform of the CAC. The Panel knows both Russian and English;<\/p>\n<p>-Based on the above and taking into account Panel's obligation to ensure that the administrative proceeding takes place with due expedition, the Panel finds that it would be fair and reasonable to both Parties to proceed in English.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2025-03-03 00:00:00",
    "informal_english_translation": "<p>In this proceeding the Complainant relies on various \"UEFA\" registered trademarks, including the following:<\/p>\n<ul>\n<li>International trademark registration under the \"Madrid\" system (IR) No. 718096 \"UEFA\" (word), registration date is April 16, 1999, protected,&nbsp;<em>inter alia,&nbsp;<\/em>in Albania, Armenia, Belarus, the Benelux, France, Germany, Russia, Turkey, Ukraine and the UK and<\/li>\n<li>UK trademark registration No. UK00800931376 \"UEFA\" (word), registration date is July 07, 2008, application date is December 20, 2006<\/li>\n<\/ul>",
    "decision_domains": {
        "uefa-tickets.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}