{
    "case_number": "CAC-UDRP-102650",
    "time_of_filling": "2019-10-01 10:08:41",
    "domain_names": [
        "ccleanercrack.info"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Piriform Software Limited"
    ],
    "complainant_representative": "Rudolf Leška (Rudolf Leška, advokát)",
    "respondent": [
        "jamshad hashmi"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a British software company.  The Complainant provides a PC optimization software called “CCleaner”, which is designed to protect PC users’ privacy and to make their computers faster and more secure.  The Complainant distributes its CCleaner software via its websites “www.piriform.com” and “www.ccleaner.com”, from which the software is available for direct download.  Authorization to use the software downloaded from the Complainant’s website is regulated by the Complainant’s “End User License Agreement”.  Use of the Complainant’s software is strictly limited to personal use.  \r\n\r\nFor use in connection with the Complainant’s CCleaner software products, the Complainant has acquired trademarks for CCLEANER, registered in various jurisdictions throughout the world, as outlined in the rights section above.  The Complainant also owns several domain names comprising its CCLEANER trademark, including <ccleaner.com>, <ccleanercloud.com>, <ccleanermac.com> and others.   \r\n\r\nThe disputed domain name was registered on October 5, 2018.  The disputed domain name resolves to a website purporting to offer the Complainant’s CCleaner software for free download, together with unauthorized license keys and instructions on how to apply them (the “Respondent’s website”).  The Respondent’s website contains detailed instructions on how to “crack” the Complainant’s CCleaner software, as well as information about third-party optimization software of the Complainant’s competitors.",
    "other_legal_proceedings": "To the best of the Panel’s knowledge, there are no other legal proceedings, pending or decided, in relation to the disputed domain name.  ",
    "no_response_filed": "Complainant: \r\n\r\nThe Complainant contends, in relevant part, as follows:\r\n\r\nThe Complainant submits that the disputed domain name is identical or confusingly similar to the Complainant’s trademark.  The Complainant asserts rights in the CCLEANER trademark.  The Complainant notes that its CCLEANER trademark is entirely reproduced in the disputed domain name, as its first and dominant part.  The Complainant asserts that the additional term “crack” is descriptive and refers to breaking into a computer system.  The Complainant submits that the addition of the term “crack” does not change the overall impression of the disputed domain name, and does not eliminate the confusing similarity between the disputed domain name and the Complainant’s trademark.  \r\n\r\nThe Complainant submits that the Respondent has no rights or legitimate interests in the disputed domain name.  The Complainant states that it has not granted any license or authorization for the Respondent to register or use the disputed domain name.  The Complainant asserts that the Respondent is not using the disputed domain name in connection with a bona fide offering of goods or services.  Rather, the Respondent is using the Complainant’s trademark to bait Internet users to its website, where competing software and unauthorized license keys for the Complainant’s software are made available.  The Complainant asserts that such activity represents illegal conduct on the part of the Respondent in the absence of authorization from the Complainant.  The Complainant submits that the Respondent is not commonly known under the disputed domain name.  The Complainant further claims that the Respondent is seeking to create a false impression of association with the Complainant, which does not amount to a legitimate noncommercial or fair use of the disputed domain name.  \r\n\r\nThe Complainant submits that the disputed domain name was registered and is being used in bad faith.  The Complainant presents evidence of its reputation, including its software having been downloaded more than 2 billion times, as well as its strong presence online and on social media.  The Complainant asserts that the Respondent clearly knew of the Complainant and its trademarks, noting that the Respondent’s website makes explicit reference to the Complainant and its software.  The Complainant asserts that the disputed domain name is being used solely for the illicit distribution of the Complainant’s CCleaner software, crack files, unauthorized license keys, and competing optimization software.  The Complainant states that it did not provide any authorization to the Respondent to distribute its software, and asserts that the Respondent’s subsequent resale or further distribution violates both its End User License Agreement as well as applicable copyright laws.  The Complainant notes that the CCleaner software purportedly offered by the Respondent is not under the Complainant’s control, and may easily harm the Complainant’s good reputation.  The Complainant argues that the Respondent’s bad faith is further evidenced by the lack of accurate contact information on its website.  \r\n\r\nThe Complainant requests transfer of the disputed domain name. \r\n\r\nRespondent:\r\n \r\nNo 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 trade mark 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": [
        "David Taylor"
    ],
    "date_of_panel_decision": "2019-12-16 00:00:00",
    "informal_english_translation": "In support of its Complaint, the Complainant has provided evidence of its registration of, inter alia, the following trademarks: \r\n\r\n-\tEuropean Union Trade Mark No. 007562002, CCLEANER, registered on November 10, 2009; \r\n\r\n-\tUnited Kingdom Trade Mark No. UK00002486623, CCLEANER, registered on January 2, 2009;  and \r\n\r\n-\tUnited States Trademark Registration No. 3820254, CCLEANER, registered on July 20, 2010.",
    "decision_domains": {
        "CCLEANERCRACK.INFO": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}