{
    "case_number": "CAC-UDRP-102640",
    "time_of_filling": "2019-08-27 11:56:02",
    "domain_names": [
        "ccleanerfulldownload.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Piriform Software Limited"
    ],
    "complainant_representative": "Rudolf Leška (Rudolf Leška, advokát)",
    "respondent": [
        "Nguyen Thi Hong"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe Complainant provides PC optimization software named “CCleaner” which protects privacy of its customers and makes their computers faster and more secure. The Complainant states that this software was released in 2004 and had been already downloaded more than two and a half billion times. \r\n\r\nThe Complainant owns a number of “CCleaner” trademarks and distributes its “CCleaner” software inter alia via its websites www.piriform.com and www.ccleaner.com where customers can find product information and directly download the software. \r\n\r\nThe disputed domain name was created on November 23, 2018. The Complainant alleges that the disputed domain name was registered with the knowledge of its earlier trademarks and the website under the disputed domain name is being used by the Respondent to offer CCleaner software for download in competition with the Complainant and to illegally distribute licenses keys with instructions on how to apply them. \r\n\r\nThe Complainant states that the disputed domain name is confusingly similar with its trademarks as its “CCLEANER” mark is entirely reproduced in the disputed domain name. \r\n\r\nAccording to the Complainant, from the perspective of the average customer “CCLEANER” is the distinctive part in the disputed domain name. \r\n\r\nIt is the first dominant part to which public’s attention is concentrated. An additional part “-fulldownload” is descriptive and this additional part is not able to change overall impression and does not eliminate the confusing similarity with the trademarks of the Complainant.\r\n\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant contends that the Respondent has not been commonly known by the disputed domain name before the beginning of this dispute nor owes any identical or similar trademark nor has ever used any identical or similar brand before the registration. \r\n\r\nThe Complainant did not grant any license or authorization to register or use the disputed domain name by the Respondent. The use of the Complainant’s trademark and logo on every page of the website in the absence of Complainant’s authorization represents illegal unauthorized conduct of the Respondent. \r\n\r\nBefore the dispute the Respondent did not use the disputed domain name or a name corresponding to the disputed domain name in connection with a bona fide offering of goods or services. \r\n\r\nCompeting use is not considered a bona fide offering of goods and services, nor a legitimate non-commercial or fair use. The Complainant states that the offer for download the complainant’s software in the absence of Complainant’s authorization and in violation of End User License Agreement negate any potential justification of the Respondent and emphasizes that the use of a domain name for illegal activity can never confer rights or legitimate interests.\r\n\r\nThe Complainant also alleges that the Respondent was seeking to create a false impression of association with the Complainant, which does not constitute a bona fide offering of goods or services or a legitimate non-commercial or fair use of the disputed domain name.\r\n\r\n\r\nTHE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH\r\n\r\nAccording to the Complainant the Respondent was clearly aware of the Complainant‘s trademarks before the registration of the disputed domain name as follows from the Respondent‘s explicit references on his website to the logo, trademark and CCleaner software of the Complainant. \r\n\r\nThe Complainant also claims that the Respondent copied pictures and text from official website of the Complainant.\r\n\r\nThe Complainant refers to previous panels that found its trademarks well-known. The disputed domain name is used solely for the illicit distribution of the Complainant’s CCleaner software. The Complainant did not provide an authorization for such distribution of its software protected by the copyright. \r\n\r\nThe Complainant states that the Respondent‘s unlawful placement of Complainant ́s logo on every page as well as imitation of graphic design of Complainant‘s website indicates bad faith. \r\n\r\nBad faith of the Respondent is further supported by the fact that the Respondent concealed his\/her identity. \r\n\r\nThe Complainant believes that the disputed domain name has no other purpose than to misleadingly divert the potential Complainant’s consumers to illegal distribution of its software and to tarnish the trademarks at issue by creating the likelihood of confusion with the Complainant’s marks. \r\n\r\nTherefore, the Complainant alleges that the Respondent’s conduct falls within par. 4 (b) (iv) of the Policy.\r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name. \r\n",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "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.\r\n\r\nThe Panel agrees with the Complainant that the language of this proceeding shall be English taking into account paragraph 10 (c) and paragraph 11 (a) of the UDRP Rules and circumstances of this case including evidence provided by the Complainant that the website under the disputed domain name was in English (see e.g. CAC Case No. 102493 and CAC Case No. 101760). ",
    "decision": "Accepted",
    "panelists": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2019-10-03 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant relies on the following trademarks:\r\n\r\n- EU word trademark “CCLEANER” No. 007562002, registered on November 10, 2009;\r\n\r\n- EU word trademark “CCLEANER” No. 015100803, registered on May 31, 2016;\r\n\r\n- UK word trademark “CCLEANER” No. 2486623, registered on January 2, 2009;\r\n\r\n- US word trademark “CCLEANER” No.  5099044, registered on December 13, 2016;\r\n\r\n- US word trademark “CCLEANER” No.  3820254, registered on July 20, 2010.\r\n",
    "decision_domains": {
        "CCLEANERFULLDOWNLOAD.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}