{
    "case_number": "CAC-UDRP-103560",
    "time_of_filling": "2021-02-09 09:40:44",
    "domain_names": [
        "neboapp.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "MyScript (SAS)"
    ],
    "complainant_representative": null,
    "respondent": [
        "Ross McGarvey"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a company founded in 1998 that is specialized in handwriting recognition and digital ink management technology. It has earned recognition as the core technology powering advanced handwriting recognition engines. In 2016, the Complainant launched “Nebo”, its notetaking application available on the Windows store, Apple App Store and Google Play Store, and which currently has over 1 million downloads. This application enables tablet or smartphone users with active pens to write and edit their handwritten notes in real-time. It has been named the winner of the 2017 Mobile Apps Showdown competition at the Consumer Electronics Show in Las Vegas (CES) and as such has now gained a certain awareness. The Complainant uses the domain name <NEBO.APP> and its trademarks “Nebo” to promote and distribute the “Nebo”-App. \r\n\r\nThe Respondent is an entrepreneur and CEO of a full-service digital agency based in the US. The disputed domain name <NEBOAPP.COM> has been registered by the Respondent on November 7, 2018 and points to a parking page with commercial links.\r\n\r\nNo administratively compliant response was filed but within the deadline for Response a nonstandard communication was received by the CAC on February 12, 2021, indicating that the Respondent applied for the disputed domain name on behalf of a client, who also applied for a trademark \"Nebo\" and that the Respondent wished to cooperate “with whatever the next steps are”. The Complainant returned a Standard Settlement Form by way of a nonstandard communication on February 22, 2021, which was not answered by the Respondent until this decision.",
    "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",
    "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": [
        "Dominik Eickemeier"
    ],
    "date_of_panel_decision": "2021-03-22 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks “Nebo”, such as the international trademarks Reg. No 1287660, registered on December 3, 2015 and Reg. No 1351848, registered on March 22, 2015.\r\n\r\nThe Complainant also owns the domain name <NEBO.APP>, registered since May 8, 2018.\r\n",
    "decision_domains": {
        "NEBOAPP.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}