{
    "case_number": "CAC-UDRP-104247",
    "time_of_filling": "2022-01-03 10:37:23",
    "domain_names": [
        "youressayshark.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "FrogProg Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Kevin Кirui"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant provides on-line assistance services for academic writing and scientific research. This includes writing, rewriting, editing, proofreading and custom writing services for non-advertising purposes. The Complainant owns trademark registrations for ESSAYSHARK in the EU and in the USA that predate the registration of the disputed domain name. It operates the domain name essayshark.com, which was registered in November 2009. \r\n\r\nThe Respondent registered the disputed domain name on 4 September 2021 using a privacy protection service.\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",
    "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 Respondent filed a non-compliant response asserting that the disputed domain name is neither identical nor confusingly similar to the protected mark, and has not been registered and used in bad faith.\r\n\r\nThe Respondent provided no explanation for those assertions and did not respond “specifically to the statements and allegations contained in the complaint and include any and all bases for the Respondent... to retain registration and use of the disputed domain name” as required by Paragraph 5(b)(i) of the Rules.\r\n\r\nThe 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": [
        "Veronica  Bailey"
    ],
    "date_of_panel_decision": "2022-01-31 00:00:00",
    "informal_english_translation": "The Complainant owns the following trademark registrations for ESSAYSHARK that predate the registration of the disputed domain name:\r\n\r\n•\tEU trademark  number 014969083, registered on 26 May 2016 in classes 41 and 42;\r\n•\tUS trademark number 5021885, registered on 16 August 2016, in class 41; and\r\n•\tUS trademark number 5021887, registered  on 16 August 2016, in class 41.\r\n",
    "decision_domains": {
        "YOURESSAYSHARK.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}