{ "case_number": "CAC-UDRP-104298", "time_of_filling": "2022-02-04 09:18:21", "domain_names": [ "lendingcluboffice.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "LendingClub Bank, National Association" ], "complainant_representative": "RODENBAUGH LAW", "respondent": [ "Qian Meng Dan" ], "respondent_representative": null, "factual_background": "The Complainant, LendingClub Bank, National Association, was founded in 2006 and is a leading digital marketplace bank based in the United States and operates internationally. The Complainant offers a broad range of financial products and services through a technology-driven platform, designed to help its members pay less when borrowing and earn more when saving. Since 2007, more than 3.8 million members have joined the Complainant’s membership scheme.\r\nThe disputed domain names were all registered on August 30, 2021, which resolved to parking pages containing pay-per-click (“PPC”) links.\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 names. ", "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 the disputed domain names are confusingly similar to the LENDING CLUB mark on the basis that each of the disputed domain name is an obvious misspelling of the Complainant’s trademark with typographical differences by adding letters (such as in , substituting letters (such as in ) or by removing letters (such as in ), the addition of a generic term “offers” and the generic top-level domain name suffix (“gTLD”) “.com” are insufficient to avoid the finding that the disputed domain names are confusingly similar to its LENDING CLUB mark.\r\nThe Complainant also argues that the Respondent does not have any rights or legitimate interests in the disputed domain names. The Respondent is not commonly known by any of the disputed domain names. In addition, the Respondent is not affiliated with the Complainant nor did the Complainant license or authorize the Respondent to use the LENDING CLUB mark.\r\nThe Complainant further asserts that the disputed domain names have been registered and are being used in bad faith as the Respondent should have known of the Complainant’s LENDING CLUB mark at the time of registration of the disputed domain names. The Complainant also asserts that the Respondent is attempting to attract, for commercial gain, Internet users to the Respondent’s websites, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s websites or of a product or service on the Respondent’s websites.\r\n", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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.\r\n\r\n\r\nPreliminary Issue: Language of Proceedings\r\nParagraph 11 of the Rules provides that:\r\n“(a) Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.”\r\nThe language of the Registration Agreement for the several of the disputed domain names is Chinese.\r\nThe Complainant requested that the language of the proceeding be English for the following reasons:\r\n(i)\tall the disputed domain name websites are in English; and\r\n(ii)\tthe disputed domain names consist of additions of variations of the English words “office” and “offers”.\r\nThe Respondent did not comment on the language of the proceeding. \r\nThe Panel cites the following with approval: “Thus, the general rule is that the parties may agree on the language of the administrative proceeding. In the absence of this agreement, the language of the Registration Agreement shall dictate the language of the proceeding. However, the Panel has the discretion to decide otherwise having regard to the circumstances of the case. The Panel’s discretion must be exercised judicially in the spirit of fairness and justice to both parties taking into consideration matters such as command of the language, time and costs. It is important that the language finally decided by the Panel for the proceeding is not prejudicial to either one of the parties in his or her abilities to articulate the arguments for the case.” (See Groupe Auchan v. xmxzl, WIPO Case No. DCC2006 0004).\r\nHaving considered the above factors, the Panel determines that English be the language of the proceeding. The Panel agrees that the Respondent appear to be familiar with the English language, taking into account the Respondent’s selection of the English-language trademark and the domain names in dispute. In the absence of an objection by the Respondent, the Panel does not find it procedurally efficient to have the Complainant translate the Complaint and evidence into Chinese.\r\n", "decision": "Accepted", "panelists": [ "Mr. Jonathan Agmon" ], "date_of_panel_decision": "2022-03-31 00:00:00", "informal_english_translation": "The Complainant is the owner of numerous trademarks worldwide, including but not limited to the following:\r\n- U.S. Trademark Registration No. 3,513,349 for “Lending Club”, registered on October 7, 2008;\r\n- U.S. Trademark Registration No. 5,470,831 for “LENDINGCLUB”, registered on May 15, 2018;\r\n- Australian Trademark No. 1903941 for “LendingClub” (and design), registered on September 11, 2017; and\r\n- Canadian Trademark No. TMA1069810 for “LendingClub” (and design), registered on January 16, 2020. \r\nThe Complainant states that it also owns the domain name for its primary website and the domain name for its promotional website.\r\n", "decision_domains": { "LENDINGCLUBOFFICE.COM": "TRANSFERRED", "LENDINGCLUBOFFEERS.COM": "TRANSFERRED", "LENDINGCLUBOFFERSS.COM": "TRANSFERRED", "LENDINGCLUBOFFES.COM": "TRANSFERRED", "LENDINGCLUBOFFFERS.COM": "TRANSFERRED", "LENDINGCLUBOOFFERS.COM": "TRANSFERRED", "LENDINGCLUBOFFERA.COM": "TRANSFERRED", "LENDINGCLUBOFFERRS.COM": "TRANSFERRED", "LENDINGCLUBOFFETS.COM": "TRANSFERRED", "LENDINGCLUBOFFRS.COM": "TRANSFERRED", "LENDINGCLUBOFFWRS.COM": "TRANSFERRED", "LENDINGCLUBSOFFERS.COM": "TRANSFERRED", "LENDINGCLUBFFERS.COM": "TRANSFERRED", "LENDINGCLUBIFFERS.COM": "TRANSFERRED", "LENDINGCLUBOFERS.COM": "TRANSFERRED", "LENDINGCLUBOFFERD.COM": "TRANSFERRED", "LENDINGCLUBOFFRRS.COM": "TRANSFERRED", "LENDINGCLUBPFFERS.COM": "TRANSFERRED", "WWWLENDINGCLUBOFFERS.COM": "TRANSFERRED", "LENDINGCLUBBOFFERS.COM": "TRANSFERRED", "LENDINGCLUBOFFEES.COM": "TRANSFERRED", "LENDINGCULBOFFERS.COM": "TRANSFERRED", "LNDINGCLUBOFFERS.COM": "TRANSFERRED", "LEDINGCLUBOFFERS.COM": "TRANSFERRED", "LENINGCLUBOFFERS.COM": "TRANSFERRED", "LENDNGCLUBOFFERS.COM": "TRANSFERRED", "LENDIGCLUBOFFERS.COM": "TRANSFERRED", "LENDINGLUBOFFERS.COM": "TRANSFERRED", "LENDINGCUBOFFERS.COM": "TRANSFERRED", "LENDINGCLBUOFFERS.COM": "TRANSFERRED", "LENDINGCLBOFFERS.COM": "TRANSFERRED", "LEENDINGCLUBOFFERS.COM": "TRANSFERRED", "LENNDINGCLUBOFFERS.COM": "TRANSFERRED", "LENDIINGCLUBOFFERS.COM": "TRANSFERRED", "LENDINNGCLUBOFFERS.COM": "TRANSFERRED", "LENDINGGCLUBOFFERS.COM": "TRANSFERRED", "LENDINGCCLUBOFFERS.COM": "TRANSFERRED", "LENDINGCLLUBOFFERS.COM": "TRANSFERRED", "LENDINGCLUUBOFFERS.COM": "TRANSFERRED", "KENDINGCLUBOFFERS.COM": "TRANSFERRED", "LRNDINGCLUBOFFERS.COM": "TRANSFERRED", "LWNDINGCLUBOFFERS.COM": "TRANSFERRED", "LEMDINGCLUBOFFERS.COM": "TRANSFERRED", "LEBDINGCLUBOFFERS.COM": "TRANSFERRED", "LENFINGCLUBOFFERS.COM": "TRANSFERRED", "LENSINGCLUBOFFERS.COM": "TRANSFERRED", "LENDONGCLUBOFFERS.COM": "TRANSFERRED", "LENDUNGCLUBOFFERS.COM": "TRANSFERRED", "LENDIMGCLUBOFFERS.COM": "TRANSFERRED", "LENDIBGCLUBOFFERS.COM": "TRANSFERRED", "LENDINHCLUBOFFERS.COM": "TRANSFERRED", "LENDINFCLUBOFFERS.COM": "TRANSFERRED", "LENDINGVLUBOFFERS.COM": "TRANSFERRED", "LENDINGXLUBOFFERS.COM": "TRANSFERRED", "LENDINGCKUBOFFERS.COM": "TRANSFERRED", "LENDINGCLIBOFFERS.COM": "TRANSFERRED", "LENDINGCLYBOFFERS.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }