{
    "case_number": "CAC-UDRP-101933",
    "time_of_filling": "2019-08-26 16:16:45",
    "domain_names": [
        "sberbank.org"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Sberbank of Russia"
    ],
    "complainant_representative": null,
    "respondent": [
        "Whois Privacy Corp."
    ],
    "respondent_representative": null,
    "factual_background": "Complainant states that it is “one of the largest banks in Russia and Europe, has its representative offices and subsidiaries in many foreign countries, in particular, besides the CIS countries, Complainant is represented in several countries of the Central and Eastern Europe, and also in China, India and Turkey. Moreover, Complainant operates in many other countries. In Russia Complainant has more than 110 million customers. Under the company name and firm designation in which the word ‘Sberbank’ is used, the Complainant carries out his activity since 1991.”\r\n\r\nThe disputed domain name was created on October 29, 2005, and is being used in connection with a monetized parking page with sponsored links.\r\n\r\nParagraph 4(a)(i) of the Policy: Complainant states, inter alia, that the  disputed domain name is confusingly similar to the SBERBANK Trademark because it contains the SBERBANK Trademark in its entirety.\r\n\r\nParagraph 4(a)(ii) of the Policy: Complainant states, inter alia, “Respondent has no relation to the business activities of the Complainant and didn’t receive any written consent from Sberbank to use on the Internet, including the domain name, the designations identical and\/or confusingly similar to Sberbank’s family of trademarks”; and Respondent’s website using the  disputed domain name “contains financial advert and information with reference to [Complainant’s] products.”\r\n\r\nParagraph 4(a)(iii) of the Policy: Complainant states that the  disputed domain name was registered and is being used in bad faith because, inter alia, the SBERBANK Trademark “is used on the Web-site with intention of the owner of the disputed domain name to provide advertising space to the 3rd parties, to attract as much as possible users by parasitizing on [Complainant’s]reputation and its well-knownness among the consumers and in the result to gain a profit. In particular, the advertising banners about services and products of the 3rd parties, including financial organizations, are placed on the Web-site, however they include words «Sberbank Онлайн», «Sberbank» and when the user clicks on such advertising banners, he is redirected to the hyperlinks to the web sites that have nothing in common with the Complainant and aren't connected with the Complainant by any commercial relations”; and “[t]he use of the trademarks of Sberbank based on intention of the Web site’s owner to increase rating (position) of Web site in Search Engines due to reputation and popularity of Sberbank among the population \/ customers.”  ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate 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": [
        "Douglas M. Isenberg"
    ],
    "date_of_panel_decision": "2019-10-17 00:00:00",
    "informal_english_translation": "Complainant states, and provides evidence to support, that it is the owner of certain trademark registrations that consist of or contain the mark SBERBANK (the “SBERBANK Trademark”), including Russian Reg. No 209662 for a design mark that contains the text СБЕРБАНК РОССИИ (Russian for “SBERBANK OF RUSSIA”) (registered March 18, 2002) for use in connection with, inter alia, savings banks (as shown in an English translation provided by Complainant); Russian Reg. No. 463470 for SBERBANK (registered June 4, 2012) for use in connection with, inter alia, savings banks (as shown in an English translation provided by Complainant); and Int’l Reg. No. 1097227 for SBERBANK (registered September 5, 2011) for use in connection with, inter alia, savings banks.",
    "decision_domains": {
        "SBERBANK.ORG": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}