{
    "case_number": "CAC-UDRP-102261",
    "time_of_filling": "2018-12-14 10:29:33",
    "domain_names": [
        "essay-sharks.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "FrogProg Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Igor   "
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a worldwide distributor of writing services. The Complainant registered the domain name <essayshark.com> on November 13, 2009 and uses this for its own website. The first commercial use of the ESSAYSHARK trademarks was on January 4, 2011. The Complainant also owns certain trademark registrations in the United States and the European Union for ESSAYSHARK claiming “education; providing of training; entertainment; sporting and cultural activities. These applications were filed in 2015 and registered in 2016.\r\n\r\nThe disputed domain name was created on February 23, 2017, long after the Complainant developed rights in its ESSAYSHARK trademark, and resolves to a website that features the ESSAYSHARK trademark and offers writing services that are identical to those offered by the Complainant. The phrase “EssayShark” is unique and arbitrary such that it is unlikely that the Respondent devised the phrase “essay-sharks” on its own and without reference to the Complainant’s trademark. Use of the ESSAYSHARK trademark by the Respondent is not authorized by the Complainant and is likely to cause confusion and mistake, and to deceive as to the affiliation, connection, or association of the Respondent with the Complainant. The Respondent is seeking to commercially profit from this confusion with the Complainant’s ESSAYSHARK trademark.    ",
    "other_legal_proceedings": "The Panel is not aware of other legal proceedings related to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed 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 disputed 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 disputed 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": [
        "Steven M. Levy, Esq."
    ],
    "date_of_panel_decision": "2019-01-02 00:00:00",
    "informal_english_translation": "Complainant is the owner of certain trademark registrations as follows:\r\n\r\n- European Union Trademark Reg. No. 014969083 for ESSAYSHARK and Design filed on December 31, 2015 and registered since May 26, 2016;\r\n\r\n- United States Trademark Reg. No. 5021885 for ESSAYSHARK filed on December 31, 2015 and registered on August 16, 2016; and\r\n\r\n- United States Trademark Reg. No. 5021887 for ESSAYSHARK and Design filed on December 31, 2015 and registered on August 16, 2016.",
    "decision_domains": {
        "ESSAY-SHARKS.COM": "TRANSFERRED"
    }
}