{
    "case_number": "CAC-UDRP-101287",
    "time_of_filling": "2016-09-07 11:10:49",
    "domain_names": [
        "playspennies.com"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "Upfeat Media Inc"
    ],
    "complainant_representative": "McEvedys Solicitors & Attorneys Ltd ",
    "respondent": [
        "Zhou   Yan"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a Canadian company which has a presence in London and Canada and operates a publishing and advertising website at the domain name <playpennies.com> which provides editorial content and advertises third party offers and deals, all focused on parents of young children in the UK\/EU. The site has been operational and trading since 2009. The business has been a success and turnover now approaches £400,000 per annum. It has affiliate partners that include the major UK retailers and supermarkets and the Alexa ranking of the site is No. 6,649 in the UK. The Complainant has acquired a goodwill and reputation by its trading that is protected by the law of passing-off in the UK. In 2016, the Complainant registered its name and mark, PLAYPENNIES, in the UK under the number UK No. 3159469 in classes 35, 38, 41 and 42.\r\n\r\nThe disputed domain name was registered on 3 March 2016 by the Respondent, is parked by Godaddy, and used in sponsored ads purporting to be offers by the Complainant.   \r\n\r\nThe disputed domain name includes in its entirety, the trademark with the addition of one additional character or letter, the ‘s’ between the words ‘play’ and ‘pennies'.  This is blatant and overt typosquatting and paradigm bad faith registration and use to divert traffic to the disputed domain name.\r\n\r\nThe vouchers offered at the clicked through pages on the disputed domain's URL are designed to compete directly with the Complainant's affiliate partner offers.  Indeed, the Respondent's Bad Faith use has almost led to the termination of two relationships with major UK retailers as a result of actual confusion with the disputed domain name as it is a breach of those contracts to bid on certain terms. This has caused the Complainant to remove some of its own pages to avoid a breach and has resulted in lost revenue. \r\n\r\nThis is actual disruption with real loss and actual confusion by the internet users who complained.  The Policy requires only likelihood of confusion and it is submitted that this can be inferred from the similarity of the domains in issue alone.   \r\n\r\n\r\n",
    "other_legal_proceedings": "None of which the Panel is aware.",
    "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 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 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 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": [
        "Matthew Harris"
    ],
    "date_of_panel_decision": "2016-10-17 00:00:00",
    "informal_english_translation": "The Complainant relies upon:\r\n\r\n1.  Common law rights under the English law of passing off by reason of the use of the term \"Playpennies\" since in or about  2009; and \r\n\r\n2.  UK trade mark No. 3159469 filed on 12 April 2016 and proceedings to registration on 15 July 2016, for the work mark PLAYPENNIES in classes  35, 28, 41 and 42.\r\n\r\n",
    "decision_domains": {
        "PLAYSPENNIES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}