{
    "case_number": "CAC-UDRP-104394",
    "time_of_filling": "2022-04-06 10:15:47",
    "domain_names": [
        "essaysharks.company"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "FrogProg Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Marina Korshunova"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant offers essay writing services, which it offers online through the domain name <essayshark.com> registered on 13 November 2009.\r\n\r\nThe Respondent registered the disputed domain name on 10 May 2018. It resolves to a website that offers services identical to the services offered by the Complainant. \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 name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant submits that the disputed domain name is confusingly similar to its ESSAYSHARK trademark, as it reproduces this trademark with the addition of the letter “s”, which does not significantly affect the appearance or pronunciation of the disputed domain name and does not prevent a finding of confusing similarity with the Complainant’s trademark.\r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because there is no relationship between the Parties and the Respondent is not commonly known by the disputed domain name. The Complainant adds that the Respondent is not making any bona fide offering of goods or services through the disputed domain name or carrying out a legitimate non-commercial or fair use of it. Rather, the Respondent uses the disputed domain name to mislead Internet users that there is an association between Parties.\r\n\r\nThe Complainant contends that the disputed domain name was registered and is being used in bad faith. It submits that the Respondent uses the disputed domain name for a website that offers services that coincide with the services offered by the Complainant. According to the Complainant, the Respondent thus targets the Complainant and intentionally attempts to disrupt the Complainant’s business by diverting Internet users who are searching for the Complainant’s product and attracting them, for commercial gain, to the Respondent’s website by creating a likelihood of confusion with the Complainant’s ESSAYSHARK trademark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website or of a product or service on it. \r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a Response in this proceeding.",
    "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.\r\n\r\nLanguage of the proceeding\r\n\r\nAccording to the information provided by the Registrar, the language of the Registration Agreement for the disputed domain name is Russian. Under paragraph 11 of the Rules, 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\n\r\nThe Complainant requests that the proceeding is carried out in English. It points out that the disputed domain name consists of the English words “essay”, “sharks” and “company”, and resolves to a website that is solely in English. The Complainant adds that the Respondent’s website provides customer support numbers in the United States, the United Kingdom and Australia and the location of the office is in New York, the United States.\r\n\r\nThe Respondent has not objected to the Complainant’s request on the language of the proceeding and has not expressed any opinion on the issue. As submitted by the Complainant, the disputed domain name consists of three English words and resolves to an English language website that indicates contact details in the United States, the United Kingdom and Australia. These circumstances support a conclusion that the Respondent understands English and would not be disadvantaged if the language of the proceeding is English.\r\n\r\nNeither of the Parties has bought forward any arguments that using the English language in this proceeding would not be fair and efficient. \r\n\r\nIn view of the above, and in exercise of its powers under paragraph 11 of the Rules, the Panel decides that the language of this administrative proceeding will be English. ",
    "decision": "Accepted",
    "panelists": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2022-06-06 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademark registrations for the sign “ESSAYSHARK” (the “ESSAYSHARK trademark”):\r\n\r\n- the European Union trademark ESSAYSHARK with registration No. 014969083, registered on 26 May 2016 for services in International Classes 41 and 42;\r\n\r\n- the United States trademark ESSAYSHARK with registration No. 5021885, registered on 16 August 2016 for services in International Class 41, with first use in commerce on 4 October 2011; and\r\n\r\n- the United States trademark ESSAYSHARK with registration No. 5021887, registered on 16 August 2016 for services in International Class 41, with first use in commerce on 4 October 2011.",
    "decision_domains": {
        "ESSAYSHARKS.COMPANY": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}