URS FINAL DETERMINATION


FEDERATION FRANCAISE DE TENNIS v. WhoisGuard, Inc. / WhoisGuard Protected et al.
Claim Number: FA2002001885653


DOMAIN NAME

<frenchopen2020.live>


PARTIES


   Complainant: FEDERATION FRANCAISE DE TENNIS of PARIS, France
  
Complainant Representative: Nameshield Laurent Becker of Angers, France

   Respondent: Shiva Creation Kartik R Shah of Umreth, --, India
  

REGISTRIES and REGISTRARS


   Registries: Dog Beach, LLC
   Registrars: NameCheap, Inc.

EXAMINER


   The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
   Saravanan Dhandapani, as Examiner

PROCEDURAL HISTORY


   Complainant Submitted: February 26, 2020
   Commencement: February 26, 2020
   Response Date: March 5, 2020
   Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules").

RELIEF SOUGHT


   Complainant requests that the domain name be suspended for the life of the registration.

STANDARD OF REVIEW


   Clear and convincing evidence.

FINDINGS and DISCUSSION


   Procedural Findings:  
      Multiple Complainants: Multiple Complainants: No multiple Complainants are involved in this proceeding. This Complaint and findings relate to the domain name <frenchopen2020.live>. No domain name is dismissed from this Complaint.
      Multiple Respondents: Multiple Respondents: No multiple Respondents are involved in this proceeding. This Complaint and findings relate to the domain name <frenchopen2020.live>. No domain name is dismissed from this Complaint.

   Findings of Fact: I. The case of the Complainant is as follows: A.The domain name is identical to the International trademark FRENCH OPEN® n° 538170, registered on June 22nd 1989. This trademark is also registered in the TMCH since February 5th 2014. The addition of the new gTLD ".LIVE" is not sufficient to escape the finding that the domain name is identical to the Complainant's trademark FRENCH OPEN®.Indeed, the term ".LIVE" is generic compared with the distinctive expression FRENCH OPEN®, and therefore does not eliminate the likelihood of confusion with the trademark FRENCH OPEN®. The addition of generic wording to a trademark in a domain name is insufficient to avoid a finding of confusing similarity. B.The Respondent has no rights or interests in respect of the domain name and is not related to the Complainant�sbusiness. The Complainant doesn�t carry out any activity or business with the Respondent.Neither licence nor authorization has been granted to the Respondent to make any use of the Complainant�s trademarkFRENCH OPEN®, or apply for registration of the disputed domain name by the Complainant.The Complainant contends it is highly probable that the Respondent isn�t known as the domain name. C.The Complainant and its distinctive trademark FRENCH OPEN® is known worldwide. Thus, the Respondent was aware of the Complainant�s trademark FRENCH OPEN® at the moment of registration of the disputed domain name. Moreover, the website in relation with the disputed domain name <FRENCHOPEN2020.LIVE> offers the live streaming of the tournament FRENCH OPEN. Using a confusingly similar domain name to offer competing services can evince bad faith under Policy. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant's web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of Registrant's web site or location or of a product or service on that web site or location. II. The case of the Respondent as follows: Domain Name: frenchopen2020.live I have received your warning regarding my website. I never use any copyrighted content on my website. I just provide the information like match results, match preview and other news updates related to the match. I never host any illegal live streams or videos. I am running a sports news blog that provides news related to the tennis game only.

  

URS Procedure 1.2.6, requires Complainant to prove, by clear and convincing evidence, each of the following three elements to obtain an order that a domain name should be suspended.


[URS 1.2.6.1] The registered domain name(s) is/are identical or confusingly similar to a word mark:
  (i) for which the Complainant holds a valid national or regional registration and that is in current use; or
  (ii) that has been validated through court proceedings; or
  (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.

Determined: Finding for Complainant 


The Complainant has proved by documentary evidence that they are the registered owner of service mark and trademark �FRENCH OPEN� under various classifications. As noted, the disputed domain name <frenchopen2020.live> composes �frenchopen�, �2020� and �.live�. Thus the word �frenchopen� in disputed domain name is identical to Complainant�s registered mark �frenchopen�. The �2020� numerical and �.online� in disputed domain name, being a generic code Top-Level Domain name (gTLD), are suffix. Those suffixes are non-distinctive and are incapable of differentiating the disputed domain name from the Complainant�s registered trademark. Based on the �frenchopen� being a registered trademark of the Complainant, the Examiner determines that URS 1.2.6.1(i) covers the domain name at issue in this Complaint.


[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.

Determined: Finding for Complainant 


The Complainant owns registered mark �frenchopen� under various classifications. In such case, the burden lies on the Respondent to prove that he has legitimate rights and/or interests in the disputed domain name. It is the contention of the Respondent that he never used any copyrighted content on his website; he just provided the information like match results, match preview and other news updates related to the match; he never host any illegal live streams or videos; and he is running a sports news blog that provides news related to the tennis game only. The Respondent has not claimed any right, title or ownership over the trade mark �frenchopen� on which the Complainant proved its registered ownership. In view of the above, the Complainant has established a strong case of lack of rights and legitimate interest. Based on the record, the Respondent does not have rights or legitimate interests in the disputed domain name. Hence, the Examiner determines that URS 1.2.6.2 covers the domain name at issue in this Complaint and that the Respondent has no legitimate right or interest to the domain name.


[URS 1.2.6.3] The domain name(s) was/were registered and is being used in bad faith.
  a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
  b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
  c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
  d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant's web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of Registrant's web site or location or of a product or service on that web site or location.

Determined: Finding for Complainant 


It is the specific case of the Complainant that the Respondent is not affiliated with Complainant in any manner and never authorized the Respondent to register or use any domain name incorporating �frenchopen�. As held above, the Respondent has not claimed any ownership over the over the trade mark �frenchopen�. According to the Complainant, the disputed domain name offers the live streaming of the tournament French Open. Thus, the Panel Examiner is of the firm view that using a confusingly similar domain name striving to provide competing services establishes the bad faith. It is well established that the registration and use of the disputed domain name must involve malafides where the registration and use of it was continues to be made in full knowledge of the Complainant�s prior rights in the �frenchopen� registered mark and in circumstances where the registrant did not seek permission from the Complainant, as the owner of trademark, for such registration and use. Thus the Panel Examiner comes to irresistible determination that (i) the disputed domain name is identical to the Complainant�s �frenchopen� trademark; (ii) the Respondent�s name does not correspond to the disputed domain name; (iii) the Respondent was aware of the Complainant and its trademark when it registered the disputed the domain name; (iv) there is no indication of any authorization to use the Complainant�s mark. Hence, it is lawful to conclude that the disputed domain name was registered in bad faith. Thus, the Examiner determines that URS 1.2.6.3 (a) and (d) covers the domain name at issue in this Complaint and the domain name was registered and is being used in bad faith.


FINDING OF ABUSE or MATERIAL FALSEHOOD


The Examiner may find that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods.

The Examiner finds as follows:


  1. The Complaint was neither abusive nor contained material falsehoods. 

DETERMINATION


After reviewing the parties submissions, the Examiner determines that the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain name(s) be SUSPENDED for the duration of the registration:

  1. frenchopen2020.live

 


Saravanan Dhandapani
Examiner
Dated: March 6, 2020

 

 

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