{
    "case_number": "CAC-UDRP-103519",
    "time_of_filling": "2021-01-29 09:59:53",
    "domain_names": [
        "ccleaner.download"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Piriform Software Limited"
    ],
    "complainant_representative": "Rudolf Leška (Rudolf Leška, advokát)",
    "respondent": [
        "Dmytro Kholodenko"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is Piriform Software Limited, a UK based company active in the development of software tools and related technology. Piriform has developed the PC optimization software named “CCleaner”. The Complainant supports that the CCleaner is very popular and that it was downloaded more than two and a half billion times. The CCleaner software is available for download on the Complainant's websites.\r\n\r\nCCleaner is also a registered trademark, protected in numerous countries, including EU, UK and US. \r\n\r\nPrevious UDRP cases established the well-known character and reputation of the CCleaner trademark (CAC case no. 101759; CAC case no. 101760; WIPO case no. DCC2019-0002). \r\n\r\nThis dispute concerns the domain name <ccleaner.download> created on September 25, 2019 and registered in the name of Dmytro Kholodenko. The domain name hosts a website in which the CCleaner software is apparently downloadable.   ",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nAs regards the first requirement of the Policy, the Complainant supports that the disputed domain name is identical to the CCleaner registered trademarks. The addition of “.download” is merely a technical requirement for a registration and can thus be disregarded for the purposes of establishing identity. (American Franchise Marketing Limited v. Host Master, Qualcomm Inc., WIPO case No. D2016-1327).\r\n\r\nAs regards the second requirement of the Policy, the Complainant excludes that Mr. Dmytro Kholodenko is commonly known within the consumers by the disputed domain names (by “CCLEANER”) before the beginning of this dispute. The Complainant has never authorized the Respondent to use the \"CCleaner\" trademark as a domain name. Furthermore, the disputed domain name redirects to a website that reproduces the Complainant's device trademark and the same look and feel of the Complainant's website. According to the Complainant, such use cannot be qualified as a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue. \r\n\r\nAs regards the third and last requirement of the Policy, the Complainant supports that the current use of the disputed domain name suggests that the Respondent knew about the CCleaner trademark at the time of the registration of <CCleaner.download>. Furthermore, the website to which the disputed domain name redirects is very similar to the Complainant's official website and this circumstance could create a likelihood of confusion for the public. These circumstances are material for the Complainant to prove bad faith in the registration and use of the disputed domain name. \r\n\r\n\r\nRESPONDENT:\r\n\r\nNo administrative complaint response has been filed by the Respondent.",
    "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": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2021-03-01 00:00:00",
    "informal_english_translation": "The Complainant proved to be the owner of the following trademarks: \r\n\r\n- \"CCLEANER\" registered EU trademark no. 007562002 for goods and services in the class 9 (software) with priority from January 30, 2009;\r\n\r\n- \"CCLEANER\" registered EU trademark no. 015100803 for goods and services in the class 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…) with priority from February 11, 2016;\r\n\r\n- \"CCLEANER\" registered UK trademark no. 2486623 for goods and services in the class 9 (computers software) with priority from May 2, 2008;\r\n\r\n- \"CCLEANER\" registered U.S. trademark no. 5099044 for goods and services in the class 9 (computer software) with priority from February 25, 2016;\r\n\r\n- \"CCLEANER\" registered U.S. trademark no. 3820254 for goods and services in the class 9 (computer software) with priority from March 6, 2009. \r\n",
    "decision_domains": {
        "CCLEANER.DOWNLOAD": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}