{
    "case_number": "CAC-UDRP-103783",
    "time_of_filling": "2021-05-20 09:42:03",
    "domain_names": [
        "customwritlngs.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "One Freelance Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Vika Korotkova"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, One Freelance Limited, provides through its website available under the domain name <customwritings.com> services consisting primarily of on-line custom essay writing.\r\n\r\nThe disputed domain name <customwritlngs.com> was registered on 23 December 2019 and is held by the Respondent. \r\n\r\nThe disputed domain name website (i.e. website available under internet address containing the disputed domain name) is currently used by the Respondent for promoting and offering services similar to those of the Complainant, i.e. tutoring on essay writing.\r\n\r\nThe Complainant seeks transfer of the disputed domain name to Complainant. \r\n",
    "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": "The Parties' contentions are the following:\r\n\r\nCOMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\nThe Complainant states that: \r\n\r\n- \tThe \"CUSTOMWRITINGS.COM\" has acquired distinctiveness and reputation through long public use since 2006 and it has acquired secondary meaning attributable to the Complainant.\r\n\r\n-\tComplainant's rights to Complainant’s trademark predates registration of the disputed domain name. \r\n\r\n- \tDisputed domain name incorporates Complainant’s trademark <CUSTOMWRITINGS.COM> with some minor changes such as the replacement of the second letter “i” with the letter “l” to create a confusingly similar word “CUSTOMWRITINGS”.\r\n\r\n-\tThe Complainant refers to previous domain name decisions in this regard.\r\n\r\nThus, according to the Complainant, the confusing similarity between Complainant’s trademarks and the disputed domain name is clearly established.\r\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\nThe Complainant states that:\r\n\r\n-\tThe Respondent has not been commonly known by the disputed domain name. \r\n\r\n-\tThe Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain name.\r\n\r\n- \tOn the contrary, the disputed domain name is being used for attracting internet users to services provided by the Respondent and this is why it is free-riding on the  reputation of the Complainant's trademark and its business. \r\n \r\n-\tThe Complainant refers to previous domain name decisions in this regard.\r\n \r\n\r\nBAD FAITH REGISTRATION AND USE\r\n\r\nThe Complainant states that:\r\n\r\n-\tSeniority of the Complainant's trademark predates the disputed domain name registration.  \r\n\r\n-\tThe disputed domain name was used for attracting internet users to services provided by the Respondent, which are similar to those provided by Complainant, and therefore it is free-riding on the reputation of the Complainant's trademark and its business. \r\n\r\n-\tRespondent’s registration of the disputed domain name constitutes “typosquatting” when the spelling of an existing trademark has been minimally changed by the substitution of a similar-looking letter. \r\n\r\n\r\n-\tThe Complainant refers to previous domain name decisions in this regard.\r\n\r\n\r\nThe Complainant presents the following evidence which has been assessed by the Panel:\r\n\r\n-\tInformation about the Complainant and its business, its history and reviews concerning the services provided by the Complainant;\r\n-\tExcerpt from trademark database;\r\n-\tExcerpt from WHOIS database regarding disputed domain name;\r\n-\tScreenshots of relevant websites;\r\n-\tCopy of Complainant's correspondence to the Respondent concerning infringement of Complainant's trademark rights\r\n\r\nRESPONDENT:\r\nThe Respondent has not provided any response to the complaint.\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": [
        "JUDr. Jiří Čermák"
    ],
    "date_of_panel_decision": "2021-07-06 00:00:00",
    "informal_english_translation": "The Complainant is a registered owner of the following trademark containing a word element \"CUSTOMWRITINGS.COM”:\r\n\r\n(i)\tCUSTOMWRITINGS.COM (word), US Trademark, priority (filing) date 01 August 2018, registration date 14 May 2019, trademark registration no. 5749163, registered for services in the international class 41;\r\n\r\n(referred to as \"Complainant's trademark\").\r\n\r\nAlso, the Complainant is the owner of the domain name <customwiritngs.com> registered in October 2005. \r\n",
    "decision_domains": {
        "CUSTOMWRITLNGS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}