{
    "case_number": "CAC-UDRP-103517",
    "time_of_filling": "2021-01-29 09:28:22",
    "domain_names": [
        "ccleanerpro.site"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Piriform Software Limited"
    ],
    "complainant_representative": "Rudolf Leška (Rudolf Leška, advokát)",
    "respondent": [
        "Andrej M Smirnov"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant informs that Piriform Software Limited provides to its customers one of the world most popular PC optimization software named “CCleaner” which protects their privacy and makes their computers faster and more secure. This award-winning optimization tool, according to the Complainant, was released in 2004 and has been already downloaded more than two and a half billion times. The Complainant states to be well known on the market globally as a reliable company with long history which develops software tools, provides excellent technology and amazing service for customers and business.\r\n\r\nThe Complainant has proved to be the owner of numerous trademark registrations for CCLEANER with effects in different countries. Furthermore, the Complainant owns numerous domain names including \"ccleaner\", such as <ccleanercloud.com>, <ccleaner.cloud>, <ccleanerformac.com> and <ccleanermac.com>.\r\n\r\nThe Complainant notes that the domain name in dispute <ccleanerpro.site>, was created on October 10, 2020.\r\n\r\nIt is the Complainant's view that the domain name registered by the Respondent <cleanerpro.site> is highly similar to the Complainant´s older trademark since (i) CCLEANER is entirely reproduced in the disputed domain name (ii) the only distinction between the dispute domain name and the Complainant´s mark is the added part “pro” which is clearly a descriptive wording (iii) the specific top level of a domain is not relevant for the purpose of determining the identity or similarity of a domain name and a trademark.\r\n\r\nThe Complainant also observes that there does not exist any evidence that the Respondent has been commonly known within the consumers by the disputed domain name nor that the Respondent owns any trademark identical\/similar to CCLEANER. Furthermore, the Complainant informs that any license or authorization to register or use the disputed domain name was never granted to the Respondent by the Complainant.\r\n\r\nAccording to the Complainant, the domain name in dispute was registered with the full knowledge of the Complainant's trademark CCLEANER and, therefore, in bad faith. The Complainant notes, with reference to the website under the disputed domain name, that it automatically redirects its visitors to a parking page including also embedded links leading to other websites, articles, videogames etc. where such redirection of traffic is very likely monetized. Therefore, it is the Complainant's view that the Respondent uses the disputed domain name to seek commercial gain.",
    "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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\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 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": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2021-03-02 00:00:00",
    "informal_english_translation": "Piriform Software Limited is the owner, among others, of the following trademark registrations related to CCLEANER:\r\n\r\n- EU Registration “CCLEANER” no. 007562002 for class 9 filed on January 30, 2009;\r\n- EU Registration “CCLEANER” no. 015100803 for classes 9 and 42 filed on February 11, 2016;\r\n- UK Registration “CCLEANER” no. 2486623 for class 9 filed on May 2, 2008;\r\n- US Registration “CCLEANER” no. 5099044 for classes 9 and 42 filed on February 25, 2016;\r\n- US Registration “CCLEANER” no. 3820254 for class 9 filed on March 6, 2009.\r\n",
    "decision_domains": {
        "CCLEANERPRO.SITE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}