{
    "case_number": "CAC-UDRP-100603",
    "time_of_filling": "2013-05-31 14:52:22",
    "domain_names": [
        "mrtillroll.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Mr Paper Ltd"
    ],
    "complainant_representative": null,
    "respondent": [
        "Arshad Ahmed"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a long time user of the domain names similar to the domain name “mrtillroll.com” which he is using for his business of paper and till rolls trading.\r\n\r\nIt was brought to the attention of the Complainant on May 14, 2013, that a site “mrtillroll.com” was trading and this site included a logo with a waving man made out of the rolls similar to the design on the Complainant’s site. The Complainant feels that this is contrary to section 4b) iv) of the Uniform Domain Name Dispute Resolution Policy (“UDRP”).",
    "other_legal_proceedings": "No legal proceedings exist.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nRESPONDENT: \r\n\r\n",
    "rights": "A)\tComplainant \r\n\r\nThe Complainant is a long time trading paper and till roll company using two active websites at mrpaper.co.uk and mrtillrolls.co.uk and the website mrtillroll.com is confusing to the Complainants customers looking for Complainant company (mrtillroll.co.uk) or by searching for the company using “Mr. Till Rolls” the name that the Complainant is commonly known as.\r\n\r\nOn top of that the Complainant has historically registered all similar domain names that divert to the Complainant’s website, these being: \r\n\r\nmrtillroll.co.uk\r\nmrtillroll.net\r\nmrtillrolls.co.uk\r\nmrtillrolls.com\r\nmrtillrolls.net\r\nmr-till-roll.co.uk\r\nmr-till-rolls.co.uk\r\nmrpapertillrolls.co.uk\r\nmrpapertillrolls.com\r\nmrpapertillrolls.net\r\nmrpaperoll.co.uk\r\nmrpaperoll.com\r\nmrpaperolls.co.uk\r\nmrpaperolls.com\r\nmrpaperroll.co.uk\r\nmrpaperroll.com\r\nmrpaperrolls.co.uk\r\nmrpaperrolls.com\r\nmrpaperrolls.net\r\nmister-paper.co.uk\r\nmister-paper.com\r\nmister-paper.eu\r\nmister-paper.net\r\nmisterpaper.co.uk\r\nmisterpaper.net\r\nmr-paper.co\r\nmr-paper.co.uk\r\nmr-paper.net\r\nmrpaper.co\r\nmrpaper.co.uk\r\nmrpaper.eu\r\nmrpaper.mobi\r\nmrpaper.tel\r\nmrpaper.tv\r\nmrpapers.co.uk\r\nmrspaper.co.uk\r\nmrpaper.org\r\n\r\nThe Complainant is the owner of the registered UK limited company Mr. Paper Ltd. and Mr. Till Roll Ltd. with websites mrpaper.co.uk and mrtillrolls.co.uk.\r\n\r\nThe website mrtillroll.com is confusing the customers searching for Mr. Till Rolls especially taking into account it having a confusingly similar logo.\r\n\r\nIt is in the Complainants opinion, clearly there to attract the customers looking for the Complainant. In addition the site has many empty sections without products which could result in customers searching for new suppliers as it could make the Complainant look very unprofessional.\r\n\r\nThe Complainant has written to the registrant\/Respondent a Cease and Desist letter but has received no reply. The Complainant has tried to call the Respondent on the numbers on the website but one of these was an invalid number and the other was not answered.\r\n\r\nMr. Paper Limited has been trading since 2003 in the business of selling till rolls. The Complainant is commonly known throughout the UK as Mr. Paper, Mr. Paper Till Rolls and Mr. Till Rolls. Due to the Complainant becoming more commonly known as Mr. Till Rolls, this name was incorporated into the homepage on the website mrpaper.co.uk on the April 21, 2011. The Complainant has spent over EUR 90,000 on advertising building its brand.\r\n\r\nThe Complainant feels that using the disputed domain name is contrary to section 4 b) iv) of the UDRP. This site appears to have been active since April 19, 2012, and is designed to attract and confuse customers searching for website of the Complainant.\r\n\r\nFor all the above grounds the Complainant is seeking a transfer of the domain name mrtillroll.com to himself.\r\n\r\nB)\tRespondent\r\n\r\nThe Respondent strongly disagrees with the allegations made by the Complainant and asks the Complaint to be dismissed.\r\n\r\nThe main reasons are the following:\r\n\r\nThere has never been an intention of masquerading, steeling or muscling in another company’s business as Complainant\/Mr. Knight is stating (bad faith). The disputed domain name was available and before acquiring it the Respondent checked it searching on the internet, Companies House and Trademark Registration and finally the disputed domain name was purchased on March 16, 2011.\r\n\r\nThe major points that need to be considered in this case are the following: \r\n\r\n\r\n1. www.mrtillroll.com was publically available and purchased on the 16th March 2011 via 123-reg.co.uk for a legitimate start up business.\r\n2. www.mrtillrolls.co.uk is not an active website; it is a single page static site with the www.mrpaper.co.uk logo and colour branding with hyperlinks to www.mrpaper.co.uk.\r\n3. Mr Knight holds the trademark and company registration to and predominantly trades as www.mrpaper.co.uk.\r\n4. www.mrtillrolls.co.uk is not a protected trademark or a registered company.\r\n\r\nFurther it has to be stressed that no confusion can be associated between www.mrtillroll.com and www.mrtillrolls.co.uk because there is a completely different look, colour scheme and branding which can be clearly seen.\r\n\r\nThere is no registered trademark or trading name that apart from Mr. Paper that the Respondent has found.\r\n",
    "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": "All procedure requirements for administrative proceeding under UDRP were met. ",
    "decision": "Accepted",
    "panelists": [
        "Vít Horáček"
    ],
    "date_of_panel_decision": "2013-08-08 00:00:00",
    "informal_english_translation": "-",
    "decision_domains": {
        "MRTILLROLL.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}