{
    "case_number": "CAC-UDRP-104161",
    "time_of_filling": "2021-12-02 09:51:49",
    "domain_names": [
        "smartswritingservice.com",
        "esssayhave.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Writera Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Nykyta  Stopochkin"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a cooperation of more than 80 academic writing websites that help their clients with writing texts for their websites, marketing campaigns, business projects, on top of providing them with customized guides, samples, and writing directions. Complainant's trademarks are used by the Complainant for academic writing assistance and associated education services.\r\n\r\nThe Complainant uses its trademarks and domain names in connection to its activities.\r\n\r\nThe Respondent registered the disputed domain name <esssayhave.com> on 4 October 2019 and <smartswritingservice.com> on 4 December 2020 (\"the disputed domain names\"). The disputed domain names are currently being used for active websites offering the same type of services as those of the Complainant.  ",
    "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 names.",
    "no_response_filed": "No administratively compliant Response has been filed.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain names are identical or confusingly similar to a trademark or service marks in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).\r\n",
    "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 names (within the meaning of paragraph 4(a)(ii) of the Policy).\r\n",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).\r\n",
    "procedural_factors": "Language of the proceedings\r\n\r\nOn 3 December 2021, the Complainant asked to change the language of the ADR proceedings from German to English, for the following reasons:\r\n\r\n- The disputed domain names include English words (not German) and particularly consist of the words “smart”, “writing”, “service”, “essay”, “have”\r\n\r\n- the disputed domain names display the websites with only English content;\r\n\r\n- the disputed domain name <essayhave.com>  is specifically advertised to USA market  which implies that the owners of disputed domain name know or should supposedly know English well enough to offer services and operate business in English;\r\n\r\n- the Respondent appears to be a US resident and thus understands English.\r\n\r\nThe Respondent did not object to the requested language change and considering the arguments above, the Panel grants the request to change the language because using English seems to be fair to both parties.\r\n\r\nThe Panel is satisfied that all procedural requirements under the UDRP were met and there is no other reason why it would be inappropriate to provide a decision.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Tom  Joris Heremans"
    ],
    "date_of_panel_decision": "2022-01-10 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademarks:\r\n\r\n- US Trademark \"Essay Have\" n° 5936644; \r\n\r\n- US Trademark „SmartWritingService“ n° 6006321. \r\n\r\n\r\nThese trademarks were assigned to the Complainant on the basis of a trademark assignment agreement with the previous owner of the trademarks (One Freelance Limited).\r\n\r\n(\"the Complainant's trademarks\") \r\n\r\nThe Complainant asserts to have domain names consisting of the wording “Essay Have”, such as <essayhave.com> and consisting of the wording \"SmartWritingService\", such as <Smartwritingservice.com>, which are connected to the official websites of the Complainant (\"the Complainant's domain names\").",
    "decision_domains": {
        "SMARTSWRITINGSERVICE.COM": "TRANSFERRED",
        "ESSSAYHAVE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}