{
    "case_number": "CAC-UDRP-104149",
    "time_of_filling": "2021-11-15 09:59:33",
    "domain_names": [
        "affordablepaper.company"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Writera Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Mihail Vasilev "
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe Complainant is the Assignee and current owner of the US trademark No. 5751325 – “AFFORDABLE PAPERS”.\r\n\r\nThe Complainant operates the domain name affordablepapers.com that has been registered since April 2, 2006.\r\n\r\nThe Complainant claims that the trademark has been used as a trade name since July 2006 for the academic writing assistance and associated education services relevant for the class 41.\r\n\r\nThe disputed domain name was registered in May 2021. At the time of the registration of the disputed domain name the Complainant’s trademark \"AFFORDABLE PAPERS\" acquired distinctiveness and reputation through long public use since the year 2006.\r\n\r\nThe Complainant claims that its website and the trade name “AFFORDABLE PAPERS” were already widely known among the target audience. \r\n\r\nThe Complainant also contends that it made a lot of efforts to advertise and promote its services, which made the mark recognizable among customers.\r\n\r\nThe disputed domain name incorporates the Complainant’s trademark with some minor changes, such as elimination of the last letter “s” in the word “PAPERS”. \r\n\r\nThis modification is insufficient and does not change the overall impression. \r\n\r\nThe Complainant believes the disputed domain name is confusingly similar to its trademark since the trademark “AFFORDABLE PAPERS” is included in its entirety within the disputed domain name. The Complainant adds that the website by the disputed domain name offers similar services to the Complaint’s services and this increases the confusing similarity.\r\n\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME\r\n\r\nThe Complainant asserts that the Respondent has no rights or legitimate interests and is not related in any way with the Complainant, as the Complainant has not carried out any activity for, nor has any business with the Respondent.\r\n\r\nThe Respondent has not been previously known by the disputed domain name. Respondent’s use is neither a bona fide offering of goods or services nor a legitimate non-commercial or fair use.\r\n\r\nThe Complainant states that the Respondent will never be capable of using the disputed domain name for a legitimate purpose. According to the Complainant the goodwill in the trademark acquired through such a long and extensive use on the market and the way the Respondent started to use the disputed domain name results into the situation, in which members of the public will always assume that there is an association between the Respondent on the one hand and the Complainant and its trademark on the other hand.\r\n\r\n\r\nTHE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH\r\n\r\nThe Complainant states that the disputed domain name incorporates the Complainant’s trademark with the elimination of the last letter “s” in the word “PAPERS”. \r\n\r\nThis, in the Complainant’s opinion, is a plain example of “typosquatting” when the spelling of a trademark has been minimally changed by the substitution of a similar – looking letter. The website by the disputed domain name offers the same services as the Complainant. \r\n\r\n\r\nThe Complainant also claims the following shall be indication of Respondent’s bad faith:\r\n- The Respondent used the text part of the trademark and additionally the text part of the website operated by the Complainant as keywords for the Google search engine and Google AdWords. This indicates that the Respondent deliberately misleads Internet users;\r\n\r\n- The Complainant sent a cease and desist letter but there was no response;\r\n\r\n- The Respondent copied the Complainant’s website design and used SEO technics to attract traffic. \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\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": [
        "Igor Motsnyi \/ Mocni Konsalting doo"
    ],
    "date_of_panel_decision": "2021-12-17 00:00:00",
    "informal_english_translation": "In this proceeding the Complainant relies on the following trademark:\r\n\r\n- AFFORDABLE PAPERS (word), US trademark registration No.5751325, registered on May 14, 2019 for the following services in class 41: “education services, namely, providing on-line writing and rewriting of articles, essays, memos, case studies, dissertations, literature analysis and reviews for journals, publications, online platforms and study purposes other than for advertising or publicity, written text editing, proofreading of articles, essays, memos, case studies, dissertations, literature analysis and reviews in the field of academic writing assistance; providing information about education; providing information about online education”. ",
    "decision_domains": {
        "AFFORDABLEPAPER.COMPANY": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}