{ "case_number": "CAC-UDRP-103518", "time_of_filling": "2021-01-29 09:33:42", "domain_names": [ "ccleanerzh.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Piriform Software Limited" ], "complainant_representative": "Rudolf Leška (Rudolf Leška, advokát)", "respondent": [ "Shanghai Nixiang Network Technology Co., Ltd. " ], "respondent_representative": null, "factual_background": "The Complainant, Piriform Software Limited, is one of the world’s most popular PC optimization software named “CCleaner“, which protects customers‘ privacy and makes their computers faster and more secure. The Complainant’s optimization tool was released in 2004 and has been downloaded more than two and a half billion times. The Complainant distributes its optimization tool “CCleaner” via its websites and where a customer can find product information and can directly download CCleaner software. Through these websites, the Complainant also provides support to its customers in case they need any help regarding CCleaner and other software tools provided by the Complainant.\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "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.", "no_response_filed": "COMPLAINANT' CONTENTIONS IN BRIEF:\r\nThe Complainant contends that the disputed domain name is confusingly similar to the CCLEANER marks on the basis that the disputed domain name wholly incorporates the Complainant’s trademark and the addition of a term “zh” which is a language code for the Chinese language and generic top-level domain name suffix (“gTLD”) “.com” are insufficient to avoid the finding that the disputed domain name is confusingly similar to its CCLEANER mark.\r\nThe Complainant also argues that the Respondent does not have any rights or legitimate interests in the disputed domain name. The Respondent is not commonly known by the disputed domain name. In addition, the Respondent is not affiliated with the Complainant nor did the Complainant license or authorize the Respondent to use the CCLEANER mark.\r\nThe Complainant further asserts that the disputed domain name has been registered and is being used in bad faith as the Respondent should have known of the Complainant’s CCLEANER mark at the time of registration of the disputed domain name. The Complainant also asserts that the Respondent is attempting to attract, for commercial gain, Internet users to the Respondent’s website, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or of a product or service on the Respondent’s website.", "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\nPreliminary Issue: Language of Proceedings\r\nParagraph 11 of the Rules provides that:\r\n“(a) Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.”\r\nThe language of the Registration Agreement for the disputed domain name is Chinese.\r\n\r\nThe Complainant requested that the language of the proceeding be English for the following reasons:\r\n(i) the disputed domain name is in English;\r\n(ii) the registration agreement for one of the disputed domain names is in English; and\r\n(iii) the proceeding will be put through unnecessary trouble and delay if Chinese were made the language of the proceeding.\r\n\r\nThe Respondent did not comment on the language of the proceeding. \r\n\r\nThe Panel cites the following with approval: “Thus, the general rule is that the parties may agree on the language of the administrative proceeding. In the absence of this agreement, the language of the Registration Agreement shall dictate the language of the proceeding. However, the Panel has the discretion to decide otherwise having regard to the circumstances of the case. The Panel’s discretion must be exercised judicially in the spirit of fairness and justice to both parties taking into consideration matters such as command of the language, time and costs. It is important that the language finally decided by the Panel for the proceeding is not prejudicial to either one of the parties in his or her abilities to articulate the arguments for the case.” (See Groupe Auchan v. xmxzl, WIPO Case No. DCC2006 0004).\r\n\r\nHaving considered the above factors, the Panel determines that English be the language of the proceeding. The Panel agrees that the Respondent appear to be familiar with the English language, taking into account their selection of the English-language trademark and the domain name in dispute. In the absence of an objection by the Respondent, the Panel does not find it procedurally efficient to have the Complainant translate the Complaint and evidence into Chinese. \r\n", "decision": "Accepted", "panelists": [ "Mr. Jonathan Agmon" ], "date_of_panel_decision": "2021-03-02 00:00:00", "informal_english_translation": "The Complainant is the owner of the trademark CCleaner in the European Union, United Kingdom and United states:\r\n-\tEU Trademark Registration No. 007562002 registered on January 30, 2009;\r\n-\tEU Trademark Registration No. 015100803 registered on February 11, 2016;\r\n-\tUK Trademark Registration No. 2486623 registered on May 2, 2008;\r\n-\tUS Trademark Registration No. 5099044 registered on February 25, 2016; and\r\n-\tUS Trademark Registration No. 3820254 registered on March 6, 2009.\r\nThe Complainant also holds the domain name registrations which contain the ccleaner trademark, , , and .\r\n", "decision_domains": { "CCLEANERZH.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }