The Complainant filed a reply to the Procedural Order No. The Complainant offered to disclose any additional information solely to the Panel. Further, the Confirmation stated that "Leofon Limited …. Upon consideration of the Complainant's submission pursuant to the Procedural Order No. Upon reviewing the Complainant's additional submissions, the Panel now makes the following Procedural Order No.
The Panel has completed a preliminary review of the case file in this matter. The Complainant has indicated that the disputed domain name the "Domain Name" was registered on October 31, , and has provided evidence of its registration of the FONBET trademark in If the rights in the FONBET trademark arouse out of the mark's use by a party other than the Complainant, the Complainant must provide sworn statements under penalty of perjury from the Complainant and such other party confirming or denying any relationship between the Complainant and such other party.
In accordance with paragraph 10 d of the Rules, the Panel denies the Complainant's request that it consider materials that will not also be made available to the opposing Party. In this regard the Panel notes paragraph 2 h iii of the Rules: "Any communication by a Party shall be copied to the other Party, the Panel and the Provider, as the case may be. Any submission from the Complainant must be filed with the Center in the English language and copied to the Respondent.
Any submission from the Respondent in response to the Complainant's submission must be filed with the Center and copied to the Complainant by 4pm Geneva time on Thursday, July 7, in the Russian or English language. The Parties are placed on notice that if they do not file a submission as provided for by this Procedural Order or if that submission does not address in the case of the Complainant the specific points raised in this Procedural Order; the Panel may draw adverse inferences from the same.
The Panel granted the extension. On July 6, , the Complainant submitted an affidavit by its internal representative. The Respondent did not file any response to the Complainant's submissions. The Complainant is a company registered in Panama and has been engaged in sport online betting operations since The Respondent registered the Domain Name on October 31, At all relevant times the website has displayed information about the bookmaker company Fonbet.
The website is in the Russian language. The landing page of the "www. Currently, bc 3 fonbet is a member of the NAB the National Association of Bookmaker , that gives a full reason to say that the line bc fonbet is the best not only in the territory of our country, but also in other countries in the world. The heading of the second paragraph of the landing page reads: "Official site of Fonbet". The bottom of the landing page contains the following text: "All rights reserved.
The Complainant contends that the Respondent has no rights or legitimate interests in respect of the Domain Name. The Complainant argues that the Respondent is using the Domain Name to make users believe that the Domain Name is associated with the website, which is associated or approved by the Complainant and, which redirects users to Complainant's competitors' websites.
The Complainant claims that the Respondent is not making a legitimate noncommercial or fair use of the Domain Name. The Complainant claims that Domain Name was registered and is being used in bad faith. The Complainant argues that the Domain Name is used in bad faith and for the sole purpose of diverting customers to the Complainant's competitors and that by using the Domain Name, the Respondent intentionally attempted to attract for commercial gain, Internet users to the Respondent's website or other online location, by creating a likelihood of confusion with the Complainant's mark as to the source, affiliation, and endorsement of the Respondent's website.
Paragraph 11 a of the Rules provides that: "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.
Because the language of the Registration Agreement for the Domain Name is Russian, the default language of the administrative proceeding would be Russian. However, the Complainant requested that the language of the proceeding be English or Russian. It is established practice to make a decision regarding the language of the proceeding that ensures fairness to the parties and maintains an inexpensive and expeditious avenue for resolving domain name disputes. Language requirements should not lead to undue burdens being placed on the parties and undue delay to the proceeding.
See, Solvay S. The Center advised the Respondent in both English and Russian about an opportunity to object to the Complainant's request for English or Russian to be the language of the proceeding, but the Respondent failed to do so. Therefore, it will not be unfair to the Respondent for the Panel to conduct the proceeding in English.
Moreover, the Complainant submitted the Complaint in both English and Russian. The Panel, therefore, determines English to be the language of this proceeding. Pursuant to paragraph 4 a of the UDRP, to succeed in this proceeding, the Complainant must prove each of the following elements with respect to the Domain Name:. While the Complainant registered its FONBET trademark after the Respondent's registration of the Domain Name, it is well-established that "[r]egistration of a domain name before a complainant acquires trademark rights in a name does not prevent a finding of identity or confusing similarity.
As with many industries affected by the quarantine, there will be a deferred demand effect. People sorely missed top-level sport. Some Fonbet customers took a hiatus, but now they are returning. This will affect the average total amount of each betslip, as well as the number of bets placed per customer. On the other hand, any kind of crisis can be used as a window of opportunity, especially for an industry leader.
During the crisis, the company refocused marketing budgets towards esports. Some of the main esports events were also cancelled or postponed as a result of the lockdown. Teams were unable to practise normally, given that they are usually all based in different parts of the planet. Now that professional sport is returning, we are looking to increase spending on marketing. We are open to moving into different areas and trends, but not so much with esports.
We also plan further investments in CRM [customer relationship management — our collaborations with Betting Insider being a fine example], this is one of our key priorities as regards our marketing activities going forward. The next question is concerned with how much the company expects the proportion of offline players those who place bets in physical betting shops to decline once the pandemic is over. Consumer habits have already shifted towards playing online, the same has been seen in almost all industries, from retail to the entertainment industry, Alexey Khobot states.
Fonbet has always had strong online products — the website and application for mobiles and tablets. What the company is actually seeing is a relatively small migration of offline customers to online. Some of them have started to play online, especially since the Bundesliga resumed. However, they still plan to return to visiting betting shops. They will only reopen once there is permission from the authorities and can be sure that all safety measures are observed.
The company plans to release a new mobile application soon. In general, bookmakers use the total volume of bets placed and accepted online as a yardstick for success.
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