{
    "case_number": "CAC-UDRP-103937",
    "time_of_filling": "2021-07-19 09:38:15",
    "domain_names": [
        "argoblockchains.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Argo Blockchain PLC"
    ],
    "complainant_representative": "Fladgate LLP",
    "respondent": [
        "Busy Braina"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, Argo Blockchain Plc, is a public limited company incorporated in England and Wales on December 5, 2017. The Complainant is in the business of provision of technology, infrastructure and expertise to allow blockchain networks to operate efficiently. The Complainant has been using its name since December 22, 2017, and has been trading under the names “Argo”, “Argo Blockchain” and “Argo Blockchain PLC” (collectively, the “AB Marks”). The Complainant states as a result of the use of such names with customers, strategic partners and investors, it has garnered significant goodwill and reputation in the AB Marks in the United Kingdom (“UK”) and throughout the world. The Complainant also states that its website www.argoblockchain.com sets out details of its operations and the steps it has taken to promote its business and philosophy under the AB Names.\r\n\r\nThe disputed domain name was registered on February 6, 2021, and resolved to an active webpage.\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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that it has common law rights in the names \"Argo\" and \"Argo Blockchain\". The Complainant argues that the disputed domain name is almost identical to and therefore confusingly similar to the AB Marks on the basis that the disputed domain name wholly incorporates the Complainant’s domain name “argoblockchain.com” with the addition of the letter “s” to pluralize the word “blockchain” which does not avoid the finding of confusing similarity. \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 has not demonstrated any legitimate non-commercial or fair use of the disputed domain name.\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 AB Marks 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.\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": [
        "Mr. Jonathan Agmon"
    ],
    "date_of_panel_decision": "2021-08-19 00:00:00",
    "informal_english_translation": "The Complainant does not own any trademark registration and seeks to rely on unregistered common law trademark rights. ",
    "decision_domains": {
        "ARGOBLOCKCHAINS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}