{
    "case_number": "CAC-UDRP-104444",
    "time_of_filling": "2022-04-21 10:54:49",
    "domain_names": [
        "uswitchmobiles.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "uSwitch Limited"
    ],
    "complainant_representative": "Thomsen Trampedach GmbH",
    "respondent": [
        "Miroslaw Zagrodnik"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is uSwitch Limited, a UK-based price comparison service and switching website company, which was founded in 2000. \r\n\r\nThe Complainant provides information on its services online at <uswitch.com>.\r\n\r\nThe disputed domain name <uswitchmobiles.com> was registered on 14 April 2020 and is currently not used in connection with an active website. However, it has been used in the past for redirection purposes leading to the online address <smartfony.co.uk>.",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to the Trademark.\r\n\r\nFurthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent is not commonly known by the disputed domain name, that the Complainant does not carry out any activity for, nor has any business or affiliation with the Respondent, and that the previous use of the disputed domain name is not a bona fide offering of goods and\/or services, since the Respondent has made a commercial use of the disputed domain name competitive to the services provided by the Complainant.\r\n\r\nFinally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. It contends that the Respondent must have been aware of the Complainant and its well-known Trademark at the time of registration of the disputed domain name and that the Respondent's commercial use of the disputed domain name to attract traffic to its website by confusing the internet users is evidence of bad faith.\r\n\r\n\r\nRESPONDENT:\r\n\r\nResponded has not substantiated his Response, other than saying that he was not aware of any rights of the Complainant at the time of purchasing the domain name in dispute. All other comments in his Response are of no legal relevance to the case at hand.",
    "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": [
        "Stefania-Despoina Efstathiou, LL.M. mult."
    ],
    "date_of_panel_decision": "2022-05-12 00:00:00",
    "informal_english_translation": "The Complainant owns the UK trademark registration No. UK00002230283 \"USWITCH\", registered on 23 August 2002 (hereinafter referred to as the \"Trademark\").\r\n",
    "decision_domains": {
        "USWITCHMOBILES.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}