{
    "case_number": "CAC-UDRP-104089",
    "time_of_filling": "2021-11-08 12:57:17",
    "domain_names": [
        "paysend.money"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "PaySend Group Limited "
    ],
    "complainant_representative": "Igor Motsnyi (Motsnyi Consulting (dba Motsnyi Legal))",
    "respondent": [
        "Anatolii  Lenchenko"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a large financial technology company with its headquarters in Fife, United Kingdom. The Complainant trades as PAYSEND and has launched a number of PAYSEND-branded financial services-related products including “Paysend Global Transfers”, “Paysend Global Account” and Paysend Connect”. It services over 4 million customers in more than 90 countries. \r\n\r\nThe disputed domain name was registered on October 7, 2020. As at late September 2021, it resolved to a website containing information in Russian script about how money could be moved between bank cards in various jurisdictions and purporting to offer services in that respect. Extracts from an English translation from the Respondent’s website provided by the Complainant include the following; “Paysend is a fast, inexpensive and convenient way to transfer money home online” and “Spring is coming and we at Paysend decided to offer you the new terms of money transfer from Poland to your home country”.\r\n\r\nThe Complainant’s advisors sent two cease and desist letters to the Respondent, via the Registrar of the disputed domain name, in July and August 2021. The disputed domain name now resolves to a landing page containing several pay-per-click (“PPC”) links, including to “Shopify Costs”, “USPS International Package” and “Package Delivery Tracking System”. \r\nThe disputed domain name is confusingly similar to a trade mark in which the Complainant has rights. The disputed domain name fully incorporates the Complainant’s PAYSEND mark and includes the .money Top Level Domain (“TLD”, which is directly related to the Complainant’s main business activity and accordingly increases the likelihood of confusion. Where a domain name incorporates the entirety of a trade mark, it will normally be considered identical or confusingly similar to that mark for the purpose of the first element. \r\n\r\nThe Respondent has no rights or legitimate interests in respect of the disputed domain name.  The Respondent is an individual from the Ukraine. He is not known by the disputed domain name and is not using, and has never used it, for a bona fide offering of goods and services.  The initial use of the disputed name to resolve to a website purporting to offer paycard services under a fictitious name cannot be bona fide. Nor does the current use of the disputed domain name to resolve to a landing page containing PPC links represent a bona fide offering, as such links compete with, or capitalise on, the Complainant’s reputation. The Respondent has not received the Complainant’s authorisation to register and use the disputed domain name, nor is he making a legitimate noncommercial or fair use of it, not least because domain names identical to a complainant’s trade mark carry a high risk of implied affiliation.  \r\n\r\nThe Respondent has registered and is using the disputed domain name in bad faith. The mere registration of a domain name that is identical or confusingly similar to a famous or widely known entity can by itself create a presumption of bad faith. The Complainant’s PAYSEND trade mark, whilst relatively recent, is well-known in the area of online payments and online money transfers; the Complainant operates in over 90 countries and its PAYSEND mark is widely protected in multiple jurisdictions. The Respondent has registered a domain name identical to the Complainant’s mark and used a Top-Level Domain (“TLD”) which is directly related to the Complainant’s business activity.  The current use of the disputed domain name to host PPC links is also in bad faith. The Respondent’s website initially contained direct references to the Complainant, used the Complainant’s corporate colours and logos and featured links to the Complainant’s own website and “YouTube” channel was clearly targeting the Complainant. With both uses of the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his website by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship or affiliation of its website. The fact that the Respondent sought to hide his identity behind a privacy service is, in the circumstances, of this Complaint, a further indicator of bad faith. ",
    "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": [
        "Antony Gold"
    ],
    "date_of_panel_decision": "2021-12-15 00:00:00",
    "informal_english_translation": "The Complainant is the owner of a number of trade marks for PAYSEND including, by way of example only, International Registration, number 1251936 for PAYSEND, in class 36, registered on April 10, 2015.",
    "decision_domains": {
        "PAYSEND.MONEY": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}