{
    "case_number": "CAC-UDRP-104147",
    "time_of_filling": "2021-11-19 09:21:22",
    "domain_names": [
        "affordablepapers4u.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Writera Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "TrafficTerminal"
    ],
    "respondent_representative": null,
    "factual_background": "As the Respondent did not file any response to the Complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:\r\n\r\n(a) The Complainant, provides through its website available under the domain name <affordablepapers.com> services consisting primarily of on-line custom essay writing.\r\n\r\n(b) The Complainant is the owner of Complainant's Trademark.\r\n\r\n(c) The website operated under the disputed domain name is currently used by the Respondent for promoting and offering services similar to those of the Complainant, i.e. custom on-demand essay writing.\r\n\r\nThe Complainant seeks transfer of the disputed domain name to Complainant.",
    "other_legal_proceedings": "The Panel found that there were proceedings related to the disputed domain name before the Czech Arbitration Court case no. 102537. In these proceedings, the company One Freelance Limited (previous owner of the US trademark no. 5751325 \"AFFORDABLE PAPERS\") claimed transfer of the disputed domain name from the Respondent relying on similar facts and legal arguments. Given the difference of Complainants this is not a re-filed case in the strict sense, although the fact that the Complainant did not mention this previous case where the complaint was rejected in the present complaint is, in the opinion of the Panel, clear indicator of abuse of these proceedings by the Complainant pursuant to paragraph 15(e) of the Rules for Uniform Domain Name Dispute Resolution Policy (please see also below).",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n(a) The \"AFFORDABLE PAPERS\" denomination has acquired distinctiveness and reputation through long public use since 2006 and it has acquired secondary meaning attributable to the Complainant as an unregistered trademark. Subsequently, Complainant's rights to the \"AFFORDABLE PAPERS\" denomination (as to an unregistered trademark) predates registration of the disputed domain name despite a fact that the Complainant's Trademark was applied for only thereafter. The disputed domain name contains “AFFORDABLE PAPERS” word element, and it is thus almost identical (i.e. confusingly similar) to the Complainant’s trademark. Adding a suffix \"4U\" (having a meaning \"for you\") is not sufficient to escape confusing similarity between the disputed domain name and the Complainant’s Trademark.\r\n\r\n(b) The Respondent has not been commonly known by the disputed domain name. The 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. On the contrary, the disputed domain name was used for attracting internet users to services provided by the Respondent and this is why it is free riding on reputation of the Complainant's trademark and its business. Therefore, the Respondent has no legitimate interest in the disputed domain name.\r\n\r\n(c) The disputed domain name was used for attracting internet users to services provided by the Respondent, which are identical to those provided by Complainant, and therefore it is free riding on reputation of the Complainant's trademark and its business. Also, no answer was provided after the cease and desist note and the emails of the website seems to be inactive making it impossible to connect with the owners. As a result, the disputed domain name has been registered and is being used in bad faith by the Respondent.\r\n\r\nRESPONDENT:\r\n\r\nRespondent provided no response to the complaint.",
    "rights": "The Complainant has not 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 not 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 not 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": "Rejected",
    "panelists": [
        "Michal Matějka"
    ],
    "date_of_panel_decision": "2021-12-26 00:00:00",
    "informal_english_translation": "The Complainant is the owner of United States trademark \"AFFORDABLE PAPERS\" applied for 25 October 2018 and registered on 26 February 2019, registration number 5751325 (\"Complainant's Trademark).\r\n\r\nThe disputed domain name was registered on 30 May 2017.",
    "decision_domains": {
        "AFFORDABLEPAPERS4U.COM": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}