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COMPLAINT TRANSMITTAL COVERSHEET

Attached is a Complaint that has been filed against you with the Intellectual Property for All
(IPFA) Arbitration and Mediation Center (the Center) pursuant to the Uniform Domain
Name Dispute Resolution Policy (the Policy) approved by the Internet Corporation for
Assigned Names and Numbers (ICANN) on October 24, 1999, the Rules for Uniform
Domain Name Dispute Resolution Policy (the Rules) approved by ICANN on October 30,
2009, and the IPFA Supplemental Rules for Uniform Domain Name Dispute Resolution
Policy (the Supplemental Rules).
The Policy is incorporated by reference into your Registration Agreement with the
Registrar(s) of your domain name(s), in accordance with which you are required to submit to
a mandatory administrative proceeding in the event that a third party (a Complainant)
submits a complaint to a dispute resolution service provider, such as the Center, concerning a
domain name that you have registered. You will find the name and contact details of the
Complainant, as well as the domain name(s) that is/are the subject of the Complaint in the
document that accompanies this Coversheet.
You have no duty to submit a Response to the Complaint until you have been formally
Notified of the Complaint and Commencement of Administrative Proceedings by the Center.
Once the Center has checked the Complaint to determine that it satisfies the formal
requirements of the Policy, the Rules and the Supplemental Rules, it will forward an official
copy of the Complaint, including annexes, to you by e-mail as well as sending you hardcopy
Written Notice by post and/or facsimile, as the case may be. You will then have 20 calendar
days from the date of Commencement within which to submit a Response to the Complaint in
accordance with the Rules and Supplemental Rules to the Center and the Complainant. You
may represent yourself or seek the assistance of legal counsel to represent you in the
administrative proceeding.

The Policy can be found at http://www.icann.org/en/dndr/udrp/policy.htm

The Rules can be found at http://www.icann.org/en/dndr/udrp/uniform-rules.htm

Alternatively, you may contact the Center to obtain any of the above documents.
You are kindly requested to contact the Center to provide an alternate e-mail address to which
you would like (a) the Complaint, including Annexes and (b) other communications in the
administrative proceeding to be sent.
A copy of this Complaint has also been sent to the Registrar(s) with which the domain
name(s) that is/are the subject of the Complaint is/are registered.

By submitting this Complaint to the Center the Complainant hereby agrees to abide and be
bound by the provisions of the Policy, Rules and Supplemental Rules.Before

INTELLECTUAL PROPERTY FOR ALL(IPFA)


Arbitration and Mediation Center
-----------------------------------------------------------------------------------------------------------ROMANCE TV Ltd.
44 200 Suolahti
Finland
358204550697 (Office telephone)
358206020100 (Office FAX)
(Complainant)
-v-

Disputed Domain Name:

Restoration SRL
str. L Pasteur nr 78 ap 3
Cluj
Cluj-Napoca 3400
City xx
RO [ROMANIA]

<storyofus-tv.ro>

(Respondent)
________________________________

COMPLAINT
(Rules, Paragraph 3(b); Supplemental Rules, Paragraphs 4(a), 12(a), Annex E)
I. Introduction
[1.]

This Complaint is hereby submitted for decision in accordance with the Uniform
Domain Name Dispute Resolution Policy (the Policy), approved by the Internet
Corporation for Assigned Names and Numbers (ICANN) on October 24, 1999, the
Rules for Uniform Domain Name Dispute Resolution Policy (the Rules), approved by
ICANN on October 30, 2009, and the IPFA Supplemental Rules for Uniform Domain
Name Dispute Resolution Policy (the Supplemental Rules).

II.The Parties
A. The Complainant
(Rules, Paragraphs 3(b)(ii) and (iii))
[2.] The Complainant in this administrative proceeding is ROMANCE TV Ltd.
[3.]

The Complainants contact details are:


Address:
Telephone:
Fax:

[4.]

44 200 Suolahti, Finland


358204550697 (Office telephone)
358206020100 (Office FAX)

The Complainants authorized representative in this administrative proceeding is:

Marie Smith
AGCO Ltd.
Abby Park Stoneleigh Kenilworth, Warwickshire CV8 2TQ
United Kingdom
442476852256 (Office telephone)
442476852620 (Office FAX)
louise.smith@agcocorp.com
[5.]

The Complainants preferred method of communications directed to the Complainant


in this administrative proceeding is:
Electronic-only material
Method:
e-mail
Address:
louise.smith@agcocorp.com
Contact:
Marie Smith

Material including hardcopy (where applicable)


Method:
fax
Abby Park Stoneleigh Kenilworth, Warwickshire CV8 2TQ
Address:
United Kingdom
Fax:
442476852620
Contact:
Marie Smith
B. The Respondent

(Rules, Paragraph 3(b)(v))


[6.] According to an email dated March 1st, 2014 from Georgy Restoration to Marie Smith,
(please see Appendix 1)the Respondent in this administrative proceeding is:
Restoration SRL
str. L Pasteur nr 78 ap 3
Cluj
Cluj-Napoca 3400
City xx
RO [ROMANIA]
Copies of the printout of the database search(es) conducted on February 2nd, 2014 are
provided as Appendix2.
[7.] All information known to the Complainant regarding how to contact the Respondent is
as follows:
Restoration SRL
str. L Pasteur nr 78 ap 3
Cluj
Cluj-Napoca 3400
City xx
RO [ROMANIA]
III. The Domain Name(s) and Registrar(s)
(Rules, Paragraphs 3(b)(vi), (vii))
[8.]

This dispute concerns the domain name(s) identified below:


Storyofus-tv.ro
Registered on 1stof March 2005

[9.]

The registrar(s) with which the domain name(s) is/are registered is/are:

Romarg SRL
Telephone: +40 327 681 70
Website: www.inregistrare-domenii.ro

IV. Language of Proceedings


(Rules, Paragraph 11)
[10.] To the best of the Complainants knowledge, the language of the Registration
agreement is Romanian and English, a copy of which can be found at:
4

http://www.rotld.ro/engleza/index_en.html. The complaint is submitted in English. The


Complainant requests that the language of the proceedings be English and provides the
following supporting arguments and evidence.
The email disclosed as Appendix 1 above between the Respondent and the Complainant is in
English.

V. Jurisdictional Basis for the Administrative Proceeding


(Rules, Paragraphs 3(a), 3(b)(xv))
[11.]

This dispute is properly within the scope of the Policy and the Administrative Panel
has jurisdiction to decide the dispute. The registration agreement, pursuant to which
the domain name(s) that is/are the subject of this Complaint is/are registered,
incorporates the Policy. A true and correct copy of the domain name dispute policy
that applies to the domain name(s) in question is provided as Appendix3to this
Complaint and can be found athttp://www.rotld.ro/engleza/index_en.html.

VI.Factual and Legal Grounds


(Policy, Paragraphs 4(a), (b), (c); Rules, Paragraph 3)
[12.]

This Complaint is based on the following grounds:

Romance TV Ltd Trademark Rights to the Name StoryOfUs and StoryOfUs-TV Show
Romance TV Ltd is a nationally known company that has been doing media and TV business
under the name Romance TV since 1980. In 2002, Romance TV has launched the TV
Show - Story Of Us - about people living together. The show has become extremely popular
and turned into a huge success among the Finish viewers giving rise to a national network of
clubs where people living together would meet on Saturdays afternoon to spend time together
while sharing their stories. On a constant basis, the stars of the TV Show - Story Of Us would
participate in such meetings. A magazine had been launched on 23 rdof March 2004 - Story Of
Us TV, which became the most popular magazine for couples fashion, lifestyle, sex and
relationship. From February 2005, the format of the show with the same name had exported
to other national television networks in Europe.
Romance TV first began using the Story Of Us trademark in 2002 and registered it with
the National Patent and Trademark Office on June 11, 2003 and further registered Story Of
Us -TV on September 11, 2004.
For over 9 years,Romance TV has expended substantial time, effort and funds to develop the
good will associated with the name Story Of Us as well as to promote and develop its other
trademarks. Romance TV does not allow unauthorized parties to use its marks as part of their
Internet domain names.
Story Of Us on the Internet

Romance TV developed its Internet web presence in 1995 using the domain name romancetv.com. At its web site, Romance TV offers detailed information relating to a variety of
topics that include its programs, shows, events and information about its independent
contractor agents. On this website there are information displayed about the show Story Of
Us. Romance TV has also registered the domain name storyofus.comto support the
magazines website. Romance TV has expanded substantial time, effort and funds to develop
its websites as a primary source of Internet information for the products, services and
information provided under Story Of Us name.
A.

The domain name(s) is(are) identical or confusingly similar to a trademark or


service mark in which the Complainant has rights;
(Policy, Paragraph 4(a)(i); Rules, Paragraphs 3(b)(viii), (b)(ix)(1))

The disputed domain name is identical and confusingly similar with the trademarks in which
the Complainant has rights.
B.

The Respondent has no rights or legitimate interests in respect of the domain


name(s);
(Policy, Paragraph 4(a)(ii); Rules, Paragraph 3(b)(ix)(2))

In January of 2014 it was brought to Romance TV's attention that Complainants trademark
"StoryOf Us - TV" had been registered as the disputed domain name. The domain name sends
a person to a web page which states it is provided by Restoration SRL and contains banner
ads with links for various products and companies. (See Appendix 4)
On February 18th2014, a cease and desist letter was sent by Complainants Intellectual
Property Administrator via email to Respondent. On February 28th2014, another cease and
desist letter was sent to the Respondent via email; however, there was no response from the
Respondent. On 1st of March2014 a response had been received from the Respondent via
email, by which the Respondent agreed to transfer the domain name to the Complainant in
exchange for Euro50.000(See Appendix1)
Because of Complainants substantial efforts, the public associates the phrase Story Of Us
-TV with the owner of the service marks Story Of Us - TV., Story Of Us The
servicemarks Story Of Us - TV., Story Of Us are distinctive and have acquired secondary
meaning. The domain name at issue is confusingly similar to servicemarks Story Of Us TV., Story Of Us
The Respondent has no right or legitimate interest in the disputed domain name. The
Respondent is not associated with, affiliated with or sponsored by Romance TV, the owner of
the servicemarks Story Of Us - TV., Story Of Us. Romance TV did not authorize the
Respondent to register the domain name or to use the service marks Story Of Us - TV.,
Story Of Us for the Respondents business purposes.
Respondent is not commonly known under the domain name storyofus-tv.ro. It is believed
that the Respondent has never been known by or performed business under the domain name
at issue. The Respondent does not possess independent intellectual property rights in the
name. In addition, Romance TV does not have a contractual arrangement with Respondent
that would allow them to offer services under the disputed domain name.
Romance TV believes that the Respondent registered the name to create the impression of
association with Story Of Us Show, its agents, products, sponsorships, and services; to trade

off the good will associated with the Story of Us name; and/or to create initial interest
confusion for individuals looking for information about Story Of Us, or Story of Us - TV
C.

The domain name(s)was/were registered and is/are being used in bad faith.
(Policy, paragraphs 4(a)(iii), 4(b); Rules, paragraph 3(b)(ix)(3))

The Respondent registered the storyofus-tv.ro domain name specifically to take unfair
advantage of the goodwill associated with Complainants mark.
Since Romance TVservicemarks have been used in commerce from 2002 and after registered
with the NPTO and thus serves as constructive notice of Complainants rights in the marks
and this represents bad faith in registration and use of the disputed domain name.
VII. Remedies Requested
(Rules, Paragraph 3(b)(x))
[13.]

In accordance with Paragraph 4(i) of the Policy, for the reasons described in
Section VI above, the Complainant requests the Administrative Panel appointed in
this administrative proceeding that storyofus-tv.ro.be transferred to the
Complainant.

VIII. Administrative Panel


(Rules, Paragraph 3(b)(iv); Supplemental Rules, Paragraph 8(a))
[14.]

The Complainant elects to have the dispute decided by a single-member


Administrative Panel

IX.Mutual Jurisdiction
(Rules, Paragraph 3(b)(xiii))
[15.]

In accordance with Paragraph 3(b)(xiii) of the Rules, the Complainant will submit,
with respect to any challenges that may be made by the Respondent to a decision by
the Administrative Panel to transfer or cancel the domain name(s) that is/are the
subject of this Complaint, to the jurisdiction of the courts at
the location of the principal office of the concerned registrar. or

X. Other Legal Proceedings


(Rules, Paragraph 3(b)(xi))
[16.]

No other legal proceedings had been initiated to the best knowledge of the
Complainant.

XI. Communications
(Rules, Paragraphs 2(b), 3(b)(xii); Supplemental Rules, Paragraphs 3, 4, 12)
[17.] A copy of this Complaint, together with the cover sheet as prescribed by the
Supplemental Rules, has been sent or transmitted to the Respondent on 20th of April 2014 via
post at the following address:

Restoration SRL
str. L Pasteur nr 78 ap 3
Cluj
Cluj-Napoca 3400
City xx
RO [ROMANIA]
.
[18.]

A copy of this Complaint has been sent or transmitted to the concerned registrar(s) on
20th of April 2014, by electronic means.

[19.] This Complaint is submitted to the Center in electronic form, including annexes, in the
appropriate format.
XII. Payment
(Rules, Paragraph 19; Supplemental Rules Paragraph 10, Annex D)
[20.]

As required by the Rules and Supplemental Rules, payment in the amount of USD
1500 has been made by bank transfer.

XIII. Certification
(Rules, Paragraph 3(b)(xiv); Supplemental Rules, Paragraph 14)
[21.]

The Complainant agrees that its claims and remedies concerning the registration of
the domain name(s), the dispute, or the disputes resolution shall be solely against the
domain name holder and waives all such claims and remedies against (a) the WIPO
Arbitration and Mediation Center and Panelists, except in the case of deliberate
wrongdoing, (b) the concerned registrar(s), (c) the registry administrator, (d) the
Internet Corporation for Assigned Names and Numbers, as well as their directors,
officers, employees, and agents.

[22.] The Complainant certifies that the information contained in this Complaint is to the best
of the Complainants knowledge complete and accurate, that this Complaint is not
being presented for any improper purpose, such as to harass, and that the assertions in
this Complaint are warranted under the Rules and under applicable law, as it now exists
or as it may be extended by a good-faith and reasonable argument.
Respectfully submitted,

XIV. List of Annexes


(Rules, Paragraph 3(b)(xv); Supplemental Rules, Paragraphs 4(a), 12(a), Annex E)
1.Correspondence Email Georgy Restoration to Marie Smith, March 1st2014;
2. Printout WhoIs, February 2nd2014;
3. Uniform Domain Name Dispute Resolution Policy;
4. Printout storyofus-tv.ro
5. Printout Storyofus-tv.com

Marie Smith

Date: December4th, 2014

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