{
    "case_number": "CAC-UDRP-102537",
    "time_of_filling": "2019-06-27 11:41:59",
    "domain_names": [
        "affordablepapers4u.com"
    ],
    "case_administrator": "Lenka Náhlovská (Case admin)",
    "complainant": [
        "One Freelance Limited"
    ],
    "complainant_representative": "Valentyna Kopolovych",
    "respondent": [
        "TrafficTerminal"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, One Freelance Limited, provides through its website available under the domain name <affordablepapers.com> services consisting primarily of on-line custom essay writing.\r\n\r\nThe disputed domain name <affordablepapers4u.com> was registered on 30 May 2017 and is held by the Respondent. \r\n\r\nThe domain name website (i.e. website available under internet address containing the disputed domain name) is currently used by the Respondent for promoting and offering services similar to those of the Complainant, i.e. custom on-demand essay writing.\r\n\r\nThe Complainant seeks transfer of the disputed domain name to Complainant. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the disputed domain name.",
    "no_response_filed": "The Parties' contentions are the following:\r\n\r\nCOMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\nThe Complainant states that: \r\n\r\n- \tThe \"AFFORDABLE PAPERS\" denomination has acquired distinctiveness and reputation through long public use since 2006 and it has acquired secondary meaning attributable to the Complainant as an unregistered trademark.\r\n\r\n-\tSubsequently,  Complainant's rights to the \"AFFORDABLE PAPERS\" denomination (as to an unregistered trademark) predates registration of the disputed domain name despite a fact that the Complainant's Trademark was applied for only thereafter. \r\n\r\n-\tThe disputed domain name contains “AFFORDABLE PAPERS” word elements, and it is thus almost identical (i.e. confusingly similar) to the Complainant’s trademark.\r\n\r\n- \tAdding a suffix \"4U\" (having a meaning \"for you\") is not sufficient to escape confusing similarity between the disputed domain name and the Complainant’s trademark. \r\n\r\n-\tThe Complainant refers to previous domain name decisions in this regard.\r\n\r\nThus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain name is clearly established.\r\n\r\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\nThe Complainant states that:\r\n\r\n-\tThe Respondent has not been commonly known by the disputed domain name. \r\n\r\n-\tThe Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain name.\r\n\r\n- \tOn the contrary, the disputed domain name was used for attracting internet users to services provided by the Respondent and this why it is free riding on reputation of the Complainant's trademark and its business. \r\n \r\n-\tThe Complainant refers to previous domain name decisions in this regard.\r\n \r\n\r\nBAD FAITH REGISTRATION AND USE\r\n\r\nThe Complainant states that:\r\n\r\n-\tSeniority of the Complainant's rights to the \"AFFORDABLE PAPERS\" denomination (as unregistered trademark rights) predates the disputed domain name registration.  \r\n\r\n-\tThe disputed domain name was used for attracting internet users to services provided by the Respondent, which are identical to those provided by Complainant, and therefore it is free riding on reputation of the Complainant's trademark and its business. \r\n\r\n-\tThe Complainant refers to previous domain name decisions in this regard.\r\n\r\n\r\nThe Complainant presents the following evidence which has been assessed by the Panel:\r\n\r\n-\tInformation about the Complainant and its business, its history and reviews concerning the services provided by the Complainant;\r\n-\tExcerpt from a trademark database;\r\n-\tExcerpt from a WHOIS database regarding disputed domain name;\r\n-\tScreenshots of relevant websites;\r\n-\tCopy of Complainant's correspondence to the Respondent concerning infringement of Complainant's trademark rights\r\n\r\nRESPONDENT:\r\nThe Respondent has not provided any response to the complaint.\r\n",
    "rights": "The Panel concluded that the disputed domain name is neither 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.\r\n\r\nAs a result, the Panel rejects the complaint.\r\n",
    "no_rights_or_legitimate_interests": "This element was not envisaged by the Panel.\r\n\r\nSince the three elements of paragraph 4(a) of the Policy are conjunctive and because the Complainant did not satisfy the requirement of paragraph 4(a)(i) and 4 (a) (iii) of the Policy, the Panel did not further investigate whether the remaining element is present or not.\r\n",
    "bad_faith": "The Panel concluded that the disputed domain name is not being used in bad faith within meaning of paragraph 4(a)(iii) of the Policy.\r\n\r\nAs a result, the Panel rejects the complaint.\r\n",
    "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": "Rejected",
    "panelists": [
        "JUDr. Jiří Čermák"
    ],
    "date_of_panel_decision": "2019-11-28 00:00:00",
    "informal_english_translation": "The Complainant is a registered owner of the following trademark containing a word element \"AFFORDABLE PAPERS”:\r\n\r\n(i)\tAFFORDABLE PAPERS (word), US Trademark, priority (filing) date 25 October 2018, registration date 14 May 2019, trademark registration no. 5751325, registered for services in the international class 41;\r\n\r\n(referred to as \"Complainant's trademark\").\r\n\r\nAlso, the Complainant is the owner of the domain name <affordablepapers.com> registered on April 2, 2006, from which the Complainant derives its unregistered trademark rights to the \"AFFORDABLE PAPERS\" denomination prior to the registration of the Complainant's trademark. ",
    "decision_domains": {
        "AFFORDABLEPAPERS4U.COM": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}