{
    "case_number": "CAC-UDRP-103180",
    "time_of_filling": "2020-07-21 09:16:41",
    "domain_names": [
        "descargarccleaner.online"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Piriform Software Limited"
    ],
    "complainant_representative": "Rudolf Leška (Rudolf Leška, advokát)",
    "respondent": [
        "ekaitz privado"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant offers its customers a popular PC optimization software named “CCleaner”, which protects privacy and makes computers faster and more secure. This optimization tool was released in 2004 and has been downloaded more than two and a half billion times, already. The Complainant distributes its optimization tool “CCleaner” i.a. via its websites, where a customer can find product information and can directly download the software. \r\n\r\nThe Complainant is well known on the market globally as company, which develops software tools. In fact, the Complainant has more than half a million of followers on Facebook and about 19,000 followers on Twitter. Furthermore, in the last 6 months, the Complainant´s website www.ccleaner.com has been visited by approximately 22 million Internet users.\r\n\r\nThe authorization to use the software downloaded from Complainant’s website is governed by the Complainant's End User License Agreement and is strictly limited to personal use.\r\n\r\nThe Complainant uses, inter alia, its international trademarks “CCLEANER” as well as the domain names: <CCLEANERCLOUD.COM>, <CCLEANER.CLOUD>, <CCLEANERFORMAC.COM> and <CCLEAN-ERMAC.COM> for its services and as product name.\r\n\r\nThe disputed domain name <DESCARGARCCLEANER.ONLINE> was registered on February 16, 2018 and is used for offering a download of the Complainant's CCleaner software as well as for explanations on how to use it in Spanish language.\r\n",
    "other_legal_proceedings": "The Panel is not aware of other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Respondent has no rights or legitimate interest in the disputed domain name nor the trademark of the Complainant \"CCleaner\". Further, he has registered and is using the disputed domain name in bad faith. Particularly, the Respondent offers the paid download of the Complainant's software on his website.\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent states that it is using the disputed domain name to explain in Spanish language how the software CCleaner is used and that no ads are serving on its website. Further, it argues that in the moment when it built the website no other manual or tutorial for the usage of the CCleaner software existed in Spanish language.\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 failed in showing that 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).\r\n\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.\r\n\r\n\r\nUnless otherwise agreed by the parties the language of the proceedings is the language of the registration agreement (Paragraph 11 of the Rules). Since English is the language of the Registration Agreement, and there is no other agreement of the parties, the language of this proceeding shall be English.\r\n",
    "decision": "Rejected",
    "panelists": [
        "Dominik Eickemeier"
    ],
    "date_of_panel_decision": "2020-08-24 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks bearing the word “CCLEANER” in several countries, such as:\r\n\r\n- a registered EU word mark “CCLEANER” no. 007562002 for goods and services in class 9 (software) with the application date January 30, 2009;\r\n\r\n- a registered EU word mark “CCLEANER” no. 015100803 for goods and services in classes 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 the application date February 11, 2016;\r\n\r\n- registered UK word mark “CCLEANER” no. 2486623 for goods and services in class 9 (computers software) with the application date May 2, 2008;\r\n\r\n- registered U.S. word mark “CCLEANER” no. 5099044 for goods and services in classes 9 and 42 (mainly computer software) with priority as of February 11, 2016;\r\n\r\n- registered U.S. word mark “CCLEANER” no. 3820254 for goods and services in class 9 (mainly computer software) with priority as of January 30, 2009.\r\n\r\nThe Complainant owns a domain names portfolio including the word element “CCLEANER”, such as: <CCLEANERCLOUD.COM>, <CCLEANER.CLOUD>, <CCLEANERFORMAC.COM> and <CCLEANER-MAC.COM>.\r\n",
    "decision_domains": {
        "DESCARGARCCLEANER.ONLINE": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}