WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Club Jolly Turizm ve Ticaret A.Ş. v. Registration Private, Domains by Proxy, LLC / Jon B. Jolly, Inc. Case No. D2018-0924 1. The Parties

The Complainant is Club Jolly Turizm ve Ticaret A.Ş. of Istanbul, Turkey, represented by Balcıoğlu Selçuk Akman Keki, Turkey.

The Respondent is Registration Private, Domains by Proxy, LLC of Scottsdale, Arizona, United States of America ("United States") / Jon B. Jolly, Inc. of Seattle, Washington, United States, self-represented. 2. The Domain Name and Registrar

The disputed domain name is registered with GoD, LLC (the "Registrar"). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on April 25, 2018. On April 25, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 26, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on May 3, 2018 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amended Complaint on May 22, 2018.

The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy" or "UDRP"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules").

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on May 23, 2018. In accordance with the Rules, paragraph 5, the due date for Response was June 12, 2018. The Center received a communication from the Respondent on June 8, 2018. The Center notified the Parties of the commencement of the panel appointment process on June 13, 2018.

The Center appointed Dr. Clive N.A. Trotman as the sole panelist in this matter on June 21, 2018. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background

The Complainant is a Turkish tourism company founded in 1987 with now some 3,500 employees.

The Complainant holds trademarks comprising or incorporating the word "Jolly", including:

JOLLY INTERNATIONAL TOURS, design, International trademark, registered on August 13, 2012, registration number 1166989, in classes 39, 41 and 43,

JOLLYTUR, Turkish Patent and Trademark Office, registered on October 4, 2016, registration number 2016 31474, in classes 35, 39, 41, 42 and 43,

JOLLY INTERNATIONAL TOURS, design, Turkish Patent and Trademark Office, registered on February 4, 2014, registration number 2012 96115, in classes 39, 41 and 43,

JOLLY INTERNATIONAL TOURS, design, Turkish Patent and Trademark Office, registered on October 28, 2015, registration number 2012 41692, in classes 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 25, 26, 27, 29, 30, 31, 33, 34, 37, 40, 44 and 45,

JOLLY INTERNATIONAL TOURS, design, Turkish Patent and Trademark Office, registered on May 6, 2011, registration number 2010 16197, in classes 39 and 43,

JOLLY INTERNATIONAL TOURS, design, Turkish Patent and Trademark Office, registered on June 15, 2010, registration number 2009 32357, in classes 35, 36, 38, 39, 41 and 43,

JOLLY INTERNATIONAL TOURS, stylised, Turkish Patent and Trademark Office, registered on July 27, 1999, registration number 198468, in classes 39, 41 and 42,

JOLLY, Turkish Patent and Trademark Office, registered on December 26, 2016, registration number 2016 31479, in classes 39, 41, 42 and 43.

The Complainant also owns the domain names and .

The Respondent has not submitted any background information but appears to have for some years operated a Seattle based business and a website at the disputed domain name concerning the selling and buying of specialised electronic apparatus. Presently the disputed domain name resolves to a parking page. The disputed domain name was registered on February 27, 1997. 5. Parties' Contentions A. Complainant

The Complainant's contentions include the following.

The Complainant submits that it has rights in the trademarks listed in section 4 above and has produced copies of the relevant paper or online records of registration.

The Complainant says the disputed domain name is identical or confusingly similar to its trademarks. The Complainant has annexed a document, not in the language of the proceeding, that it says means the trademark JOLLY TOURS and logo is registered as well-known at the Turkish Patent Institute. The public would likely confuse the disputed domain name with the Complainant's trademarks.

The Complainant further contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. There is no relationship between the Complainant and the Respondent and no licence or permission to use the Complainant's trademarks has been granted to the Respondent. The Respondent's use of a proxy service provider has been to hide its identity, indicating it is not known by the disputed domain name. The disputed domain name is not in use for the provision of any products or services. The Complainant says the Respondent has the onus of proof that it has rights or legitimate interests in the disputed domain name.

The Complainant further contends that the disputed domain name was registered and is being used in bad faith. The disputed domain name is passively held, which in certain circumstances may constitute registration and use in bad faith. It would be appropriate to consider the parallels between the present dispute and the previous case of Telstra Corporation Limited v. Nuclear Marshmallows,WIPO Case No. D2000-0003. The Complainant's trademarks are in substantial use in Turkey and abroad. The Respondent has attempted to conceal its identity. The Respondent has no identifiable business. It is not possible to conceive of any way in which the disputed domain name could be used by the Respondent in good faith.

The Complainant says this dispute is one in which rights and legitimate interests, and bad faith, may appropriately be dealt with together.

The Complainant has cited a number of previous decisions under the Policy that it considers to support its position, and draws attention to its success in the case of Club Jolly Turizm ve Ticaret A.Ş. v. Whois Agent, Whois Privacy Protection Service, Inc. / Fred Millwood,WIPO Case No. D2016-1256.

The Complainant requests the transfer of the disputed domain name. B. Respondent

The Respondent did not reply formally to the Complainant's contentions.

A communication from an email address associated with the disputed domain name, sent to the Center on June 8, 2018, forwarded to the Panel, reads as follows:

"I do not understand what is happening with my domain J
Nothing has been changed or should be changed. Is someone trying to steal it from me?
Mary Ruth Jolly". 6. Discussion and Findings

Paragraph 4(a) of the Policy states that the Respondent is required to submit to a mandatory administrative proceeding in the eve