{
    "case_number": "CAC-UDRP-104604",
    "time_of_filling": "2022-05-25 09:19:08",
    "domain_names": [
        "MINTLAYERFOUNDATION.ORG"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "RBB S.r.l."
    ],
    "complainant_representative": "Avv. Ivett Paulovics (FASANO PAULOVICS Società tra Avvocati)",
    "respondent": [
        "Alberto De Luigi "
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nFACTUAL GROUNDS\r\n\r\nThe Complainant\r\n\r\nThe Complainant is active in the development of software solutions in the Blockchain, Fintech and Distributed Finance (DeFi) sectors and in providing related technological consulting and training services.\r\n\r\nThe Complainant's asserted scope is to facilitate the use of blockchain technology by providing products (such as the Mintlayer project), consulting services and training to all companies worldwide that can benefit effectively from it.\r\n\r\nMintlayer has been developed by the Complainant for the creation and exchange of cryptographic tokens. It is based on an application of blockchain technology known as sidechain: that is, a blockchain structure that dynamically inherits some data from a reference blockchain (known as the first “layer” and which in Mintlayer is the Bitcoin blockchain), necessary to ensure its independent operation. This type of technology allows a significant increase in performance in terms of speed, scalability and flexibility compared to the first layer both for the exchange of Bitcoin natively and for the exchange of other cryptographic assets.\r\n\r\nThe disputed domain name was registered with a privacy\/proxy service on May 6, 2022, and, at the time of filing of the Complaint, redirected to the Complainant's domain name and website <mintlayer.org>.\r\n\r\nMX records have also been configured for the disputed domain name, which suggests that it may be actively used for email purposes.",
    "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:\r\n\r\n1. The disputed domain name is confusingly similar to the Complainant's trademark.\r\n\r\nThe Complainant contends that the disputed domain name <mintlayerfoundation.org> is confusingly similar to its trademark MINTLAYER.\r\n\r\n2. The Respondent does not have any rights or legitimate interest in the disputed domain name.\r\n\r\nThe Complainant contends that the Respondent is not commonly known by the disputed domain name and that the Respondent is not affiliated with or authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and is not related to the Complainant’s business in any way. The Complainant does not carry out any activity for, nor has any business dealings with, the Respondent. The Complainant further asserts and documents that according to a search carried out in the Commercial Register of the Principality of Liechtenstein there is no entity existing under the name “Mintlayer foundation” or “Mintlayer”.\r\n\r\n3. The disputed domain name has been registered and is being used in bad faith\r\n\r\nThe Complainant contends that the disputed domain name has been registered and is being used in bad faith for the following reasons.\r\n\r\nThe Respondent has used a privacy or proxy service when registering the disputed domain name. \r\n\r\nThe Respondent, who is a person with whom the Complainant had a former professional relationship from October 2021 until February 2022, has not been granted any license or approval by the Complainant to use the MINTLAYER trademark, or any other trademark identical or confusingly similar to such trademark, for any reason.\r\n\r\nThere is no entity existing under the name “Mintlayer foundation” in Liechtenstein, and all Google search results with the keywords \"mintlayer\" and \"mintlayer foundation\" are related to the Complainant.\r\n\r\nConsidering the prior relationship between the parties and that the disputed domain name redirects to the Complainant's domain name and website <mintlayer.org>, it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant, its activities and the MINTLAYER trademark, and without the intention of capitalizing on the reputation and goodwill of the Complainant’s trademark or otherwise misleading internet users.\r\n\r\nMoreover, the disputed domain name has MX servers configured. Configuring email servers on the disputed domain name that confuses people into thinking it belongs to the Complainant might be part of a fraudulent scheme (phishing), such as to obtain sensitive or confidential personal information, or to solicit payment of fraudulent invoices.\r\n\r\nRESPONDENT: \r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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": [
        "Dr.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2022-06-27 00:00:00",
    "informal_english_translation": "The Complainant has proven to be the owner of the MINTLAYER mark.\r\n\r\nThe Complainant is, inter alia, the owner of the following trademarks:\r\n\r\n- International trademark registration no. 1656317 for MINTLAYER, registered on February 11, 2022; and\r\n\r\n- European Union trademark registration no. 018510593 for MINTLAYER, filed on July 8, 2021 and registered on October 26, 2021.\r\n\r\nThe Complainant is also the holder of the domain name <mintlayer.org>, registered on June 4, 2019, and used as the main website for the Complainant's Mintlayer project.",
    "decision_domains": {
        "MINTLAYERFOUNDATION.ORG": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}