{
    "case_number": "CAC-UDRP-101564",
    "time_of_filling": "2017-06-14 08:54:42",
    "domain_names": [
        "crosslend.org "
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "CrossLend GmbH "
    ],
    "complainant_representative": "SKW Schwarz ",
    "respondent": [
        "D.R D.R"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a German company founded in 2014 that operates in the financial technology sector.  The company is active in Germany, the United Kingdom, the Netherlands, and Spain. Its official website is available at <www.crosslend.com>.\r\n \r\nThe Respondent appears to be an entity based in the United Kingdom.  No further details about the Respondent are known.\r\n\r\nThe Domain Name was registered on February 22, 2017 using a privacy protection service. It was resolving to a parking page containing sponsored links in relation to financial and loan services. The Domain Name is also being offered for sale on Sedo's platform for 1,850 EUR.\r\n\r\n",
    "other_legal_proceedings": "The Panel has not been made aware of any other legal proceedings which are pending or decided and which relate to the Domain Name. ",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant asserts that it is a German company in the financial technology sector founded in 2014 which operates a multinational platform where private clients can invest and obtain credit across borders. The Complainant asserts that it gives its clients straightforward access to the new asset class of consumer loans. All potential borrowers are risk-assessed using an innovative proprietary scoring technology. Each loan is then assigned a risk class from A (lowest risk) to HR (highest risk), reflecting the differing risk of default across the scale. Low risk loans, in principle, offer correspondingly low interest, while high risk loans offer higher interest. The Complainant asserts that it is active in Germany, the United Kingdom, the Netherlands, and Spain. \r\n\r\nThe Complainant asserts that the Domain Name is confusingly similar to the Complainant's trademarks, as the second-level domain name identically reproduces the “crosslend” trademark and the presence of the top level domain “.org” is negligible.\r\n \r\nThe Complainant further asserts that the Respondent does not have any rights or legitimate interests in the Domain Name. The Complainant states that it has not authorised the Respondent to register the Domain Name and that nothing indicates that the Respondent could have a right to the Domain Name. It states that there is no apparent hint of any kind that the Respondent is operating in any other way under the name of \"Crosslend\". The Complainant further contends that the rights of the Complainant predate the registration date of the Domain Name. It also argues that the Respondent cannot acquire any rights or legitimate interests by parking the Domain Name.  The Complainant asserts that the automatically generated links found on the website associated with the Domain Name are not related to any activity of the Respondent, but only a random list of links generated by third parties. The Complainant also asserts that there is no evidence that the Respondent plans to use the Domain Name for a bona fide offering of goods or services or a legitimate, non-commercial or fair use. \r\n\r\nFinally, the Complainant asserts that the Domain Name was registered and is used in bad faith.  The Complainant argues that the Respondent has acquired the Domain Name for the purpose of selling it or otherwise transferring it to the Complainant, or to a competitor. Furthermore, the Complainant states that the rights of the Complainant predate the registration date of the Domain Name. Also, the Complainant underlines that the Domain Name is being offered for sale. The Complainant argues that such behaviour constitutes evidence of bad faith pursuant to paragraph 4(b)(i) of the Policy. Furthermore, it argues that the Respondent is using a privacy protection tool to obfuscate its identity and that that is a clear indication that the Respondent is aware of the fact that he might be trying to avoid a finding that it is infringing the Complainant’s intellectual property rights and raises a rebuttable presumption of bad faith registration and use (NAF claim no. FA 1505001620489, Lockheed Martin Corporation vs. toyosei maruyama).\r\n\r\nRESPONDENT:\r\n\r\nNo administratively compliant Response has been filed. ",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown 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.",
    "decision": "Accepted",
    "panelists": [
        "David Taylor"
    ],
    "date_of_panel_decision": "2017-07-31 00:00:00",
    "informal_english_translation": "The Complainant is the registrant of the following trademarks:\r\n\r\n-\tEU Trademark No. 013475629 \"crosslend\" (word), registered on April 1, 2015 (priority date: 19 November 2014), for goods and services in classes 09, 35, 36, 38;   \r\n\r\n-\tEU Trademark No. 013475694 \"crosslend\" (figurative), registered on April 20, 2015 (priority date : November 19, 2014), for goods and services in classes 09, 35, 36, 38;\r\n\r\n-\tGerman trademark No 302014072303 \"CrossLend\" (word), registered on February 23, 2015 (priority date: October 14, 2014), for goods and services in classes 09, 35, 36, 38, ; and\r\n\r\n-\tGerman trademark No 302014062651 \"crosslend\" (combined), registered on February 23, 2015 (priority date: December 12, 2014), for goods and services in classes 09, 35, 36, 38.\r\n\r\nThe Complainant uses these trademarks to offer, inter alia, financial and monetary services, including lending and loans services and banking, and financial analysis.\r\n",
    "decision_domains": {
        "CROSSLEND.ORG": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}