{
    "case_number": "CAC-UDRP-102555",
    "time_of_filling": "2019-07-02 10:40:13",
    "domain_names": [
        "wwwccleaner.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Piriform Software Limited"
    ],
    "complainant_representative": "Rudolf Leška (Rudolf Leška, advokát)",
    "respondent": [
        "Domain Protection LLC"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is the provider of a computer optimization software named “CCleaner”. CCleaner protects the customers’ privacy and makes their computers faster and more secure. The tool was released in 2004, and the Complainant claims that it has been downloaded more than two and a half billion times. The Complainant also claims to be well-known on the global market as a reliable company with a long history, developing software tools as well as providing technology and services for individuals and businesses. The Complainant distributes its optimization tool “CCleaner” via its websites www.piriform.com and www.ccleaner.com. \r\n\r\nThe Complainant claims to own several other domains including the words Piriform or Ccleaner, such as <CCLEANERCLOUD.COM>, <CCLEANER.CLOUD>, <CCLEANERFORMAC.COM>, and <CCLEANERMAC.COM>. \r\n\r\nThe Complainant asserts that the content of the disputed domain name changed over time. The Complainant asserts that, at some point in time, the website under the disputed domain name mentioned the Complainant’s trademark and was used by the Respondent to distribute malware. Other times, the disputed domain name has been used for the advertisement of other products, such as “computer games” or “computer software”. Some links on the Respondent’s website relate to the Complainant´s software (or products competing with it), some refer to other products. The Complainant further asserts that a warning message is displayed by antivirus software before the viewer reaches the website available through the disputed domain name (the warning message states: “address was blocked”). \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings pending or decided related to the disputed domain name. ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. \r\n\r\nThe written notice of the Complaint was returned as undelivered. As far as the e-mail notice is concerned, the CAC received a notification that the e-mail sent to wwwcleaner.com- registrant@fabulouswhoiscompliance.com was not delivered. The e-mail notice was also sent to postmaster@wwwccleaner.com, but the CAC never received a proof of delivery or notification of non-delivery. No further e-mail address could be found on the website at the disputed site. The Respondent never accessed the online platform.",
    "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": [
        "Bart Van Besien"
    ],
    "date_of_panel_decision": "2019-08-15 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks, most of which are word trademarks and incorporate the term “CCLEANER” (hereafter the \"CCLEANER trademark\" or the \"CCLEANER trademarks\"). Said trademarks are registered in several countries around the world, including in the E.U., the U.K., and the U.S.:\r\n\r\n–\tregistered EU word mark “CCLEANER” no. 007562002 for goods and services in class 9 (software) with application date January 30, 2009 and registration date November 10, 2009;\r\n\r\n–\tregistered EU word mark “CCLEANER” no. 015100803 for goods and services in class 9 (software) and 42 (cloud computing featuring software for use in analysis of computer systems, optimizing and maintaining the performance of computers and operating systems, adding and removing software, and removing unused files, etc.) with application date February 11, 2016 and registration date May 31, 2016;\r\n\r\n–\tregistered UK word mark “CCLEANER” no. 2486623 for goods and services in the class 9 (computer software) with application date May 2, 2008 and registration date January 2, 2009;\r\n\r\n–\tregistered U.S. word mark “CCLEANER” no. 5099044 for goods and services in the class 9 (computer software) and 42 (cloud computing featuring software for use in analysis of computer systems, optimizing and maintaining the performance of computers and operating systems, adding and removing software, and removing unused files, etc.) with application date February 11, 2016 and registration date December 13, 2016;\r\n\r\n–\tregistered U.S. word mark “CCLEANER” no. 3820254 for goods and services in the class 9 (computer software) with application date January 30, 2009 and registration date July 20, 2010.\r\n",
    "decision_domains": {
        "WWWCCLEANER.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}