{ "case_number": "CAC-UDRP-104506", "time_of_filling": "2022-05-26 09:26:26", "domain_names": [ "edubirdies.net" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "RADIOPLUS EXPERTS LTD" ], "complainant_representative": null, "respondent": [ "Nathan Lukayo" ], "respondent_representative": null, "factual_background": "The Complainant is a company domiciled in Cyprus that provides educational services such as a writing platform and related services. \r\n\r\nThe domain name under which the Complainant provides its services, namely , was registered by its predecessor in title, Plan B Services LLC, on August 10, 2015. Pursuant to a Domain Name & Website Purchase Agreement of January 14, 2022 between Plan B Services LLC and the Complainant, the Complainant became the owner of the domain name, several related domain names, \"all associated trademark rights...\" and \" ...attendant goodwill\". That purchase agreement is in evidence.\r\n\r\nThe Complainant also became the Licensee of the EDUBIRDIE trademarks under which it also provides its services by means of the Trademark License Agreement between Plan B Services LLC and the Complainant which is dated January 14, 2022 and which is current and in evidence.\r\n\r\nThe Respondent registered the disputed domain name on December 14, 2020.\r\n\r\nThe Complainant has become aware that the Respondent has wrongly copied the EDUBIRDIE trademarks by registering and using the disputed domain name, , and that it has since been passing itself off as the Complainant and offering similar services to those offered by the Complainant and that it is doing so for money. The Complainant has concluded that the conduct of the Respondent in that regard is misleading to the public and damaging to the Complainant and its brand and business. Hence it has brought this proceeding to have the disputed domain name transferred to itself. ", "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 disputed domain name is confusingly similar to the EDUBIRDIE trademarks in which the Complainant has the rights of a licensee and which are set out with more particularity above. The Complainant's domain name was registered long before the disputed domain name was registered. The difference between the domain names is minimal and the domain names are confusingly similar to the EDUBIRDIE mark. That is because the Respondent has merely added the letter “s” to the Complainant’s trademark; the disputed domain name, based on the word “edubirdies”, is thus a pluralised form of the word “edubirdie”. Moreover, it has been registered in the “.net” gTLD instead of “.com” to give it an air of legitimacy. \r\n\r\nThe Respondent should be considered as having no rights and legitimate interests in respect of the disputed domain name. Specifically, neither the Complainant as licensee nor the registered owner of the EDUBIRDIE marks gave the Respondent a license or permission to use the mark in a domain name. Moreover, the Respondent’s conduct has been deceptive, thus negating any possibility of it having a right or legitimate interest in the disputed domain name.\r\nThe disputed domain name was registered and is being used in bad faith. The Respondent uses the disputed domain name for its commercial benefit, as it sells writing services through its website. \r\n\r\nThe Respondent’s web page at www.edubirdies.net is offering services that are indistinguishable from those supplied by the Complainant at the www.edubirdie.com website. Respondent does not identify itself as the provider of the services. Nothing on the website says that the services are not being supplied by or on behalf of the Complainant so as to give the false impression that they are provided by the Complainant. \r\n\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not file 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.", "decision": "Accepted", "panelists": [ "The Hon. Neil Brown, QC" ], "date_of_panel_decision": "2022-06-23 00:00:00", "informal_english_translation": "The Complainant has adduced evidence that the Panel accepts that there are trademarks for EDUBIRDIE that have been registered in various jurisdictions around the world by Plan B Services LLC and of which the Complainant is the licensee pursuant to the Trademark License Agreement between Plan B Services LLC and the Complainant which is dated January 14, 2022 and which is current and in evidence. Those trademarks are all for EDUBIRDIE and are:\r\n\r\n1. International trademark 1401021, registered on August 31, 2017;\r\n\r\n2. Australian trademark 1925707, registered on August 31, 2017 and enjoying a priority since April 24, 2017;\r\n\r\n3. US Registration Number 5699892, registered on March 19, 2019 and enjoying a priority since August 31, 2017;\r\n\r\n4. Canadian trademark TMA1019056, registered on April 10, 2019 and enjoying a priority since September 13, 2017,\r\n\r\n(“the EDUBIRDIE trademarks.”)\r\n", "decision_domains": { "EDUBIRDIES.NET": "TRANSFERRED" }, "panelist": null, "panellists_text": null }