{
    "case_number": "CAC-UDRP-100269",
    "time_of_filling": "2011-07-01 18:33:44",
    "domain_names": [
        "mastercarder.com"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "MasterCard International Incorporated"
    ],
    "complainant_representative": "Partridge IP Law P.C.",
    "respondent": [
        "A.I. Sergeyev"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a very well-known international organisation providing financial services and payment and credit cards under the name MasterCard International Incorporated. Part of its business name is also used as a trademark and the Complainant owns numerous U.S. trademarks registrations for its MASTERCARD mark. In addition, Master Card owns over 100 U.S. registrations and applications for other marks incorporating the MASTERCARD. Lastly, MasterCard owns numerous registrations in Russia.\r\n\r\nThe Respondent has registered his domain name “mastercarder.com” and uses it for its own business. \r\n\r\nThe Complainant is an owner of a well-known trade mark MasterCard which is used worldwide for financial services. \r\nThe main reason for a transfer of the trademark to the Complainant is that disputed domain name fully incorporates the Complainant’s mark “mastercard”. Second, the name “mastercarder” used by the Respondent and his domain name and the complainant’s trade mark and business name “mastercard” differs only by the grammatical suffix “er”. \r\n\r\nIt is therefore clear that the disputed domain name is confusingly similar to the trade mark of the Complainant; The Respondent has no right or legitimate interest with respect to the domain name and the domain name has been registered and is being used in bad faith. \r\n\r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other proceedings.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown that the 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). ",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy). ",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy). ",
    "procedural_factors": "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. \r\n\r\nChange of the language\r\n\r\nThe panel is of the opinion that the request of the Complainant to change the language of the proceedings is justified in this case. \r\n\r\nBased on the evidence submitted by the Complainant, the <mastercarder.com> website operated in English before and\/or at the time of filing of Complaint. In addition, the term <mastercarder.com> is an English word. The Panel concludes that the Respondent is likely to have sufficient command in English language. \r\n\r\nMoreover, the UDRP provider tried by all means to communicate the complaint to the Respondent (the notices being sent in both English and Russian), however, without success. All emails and postal notification returned undelivered. In view of the panel is would be too formalistic to deny a request for a change of language of one party if the language issue cannot play a role due to the non–receipt of the complaint by the other party. \r\n\r\nTherefore, the request to change the language of the proceedings is granted.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Vít Horáček"
    ],
    "date_of_panel_decision": "2011-08-29 00:00:00",
    "informal_english_translation": "The Complainant owns numerous U.S. trademark registrations for its MASTERCARD mark. In addition, MasterCard owns over 100 U.S. registrations and applications for other marks incorporating the term MASTERCARD. Lastly, MasterCard owns numerous registrations in Russia. Examples of Complainant´s trademarks:\r\n\r\nUS trademark registration for the word MASTERCARD No. 2212783 with a registration date of December 22, 1998.\r\n\r\nRussian combined trademark registration incorporating the term MASTERCARD No. 165891 with a registration date of July 17, 1998.\r\n",
    "decision_domains": {
        "MASTERCARDER.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}