{ "case_number": "CAC-UDRP-104809", "time_of_filling": "2022-09-06 09:37:04", "domain_names": [ "Klarna-pay.online" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Klarna Bank AB" ], "complainant_representative": "SILKA AB", "respondent": [ "Kristin Ebersbach" ], "respondent_representative": null, "factual_background": "

The Complainant was founded in Stockholm in 2005 and it operates a banking and payments business in 45 countries with more than 5,000 employees, serving in excess of 400,000 merchants, 147 million consumers and with approximately 2,000,000 transactions every day (https:\/\/www.klarna.com\/international\/about-us\/).<\/span><\/p>\n

 <\/span><\/p>\n

The Complainant offers safe and easy-to-use payment solutions to e-stores, e.g. after-delivery-payment which allows buyers to receive the ordered goods before<\/em> any payment is due, attracting major international clients such as Spotify, Disney, Samsung, Wish, ASOS and many others.<\/span><\/p>\n

 <\/span><\/p>\n

The Complainant is the owner of several KLARNA trademark registrations, such as the international trademark registration KLARNA, no. 1217315, designating for protection several territories, registered on 04.03.2014, for services in classes 35, 36, 39, 42, 45, the international trademark registration KLARNA, no. 1530491, designating for protection several territories, registered on 30.01.2020, for goods and services in classes 09, 35, 36, 39, 42, 45, the international trademark registration KLARNA, no. 1066079, designating for protection several territories, registered on 21.12.2010, for services in classes 35, 36, the European Union trademark KLARNA, no. 009199803, filed on 24.06.2010, registered on 06.12.2010, for services in classes 35, 36.<\/p>\n


The Complainant also owns a number of domain names, such as the domain name <klarna.com>, registered since 12.12.2008.

<\/span><\/p>\n

The disputed domain name <Klarna-pay.online> was registered on 27.06.2022 and resolves to a non-active page.<\/span><\/p>", "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.<\/p>", "no_response_filed": "

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. PARTIES' <\/p>\n

The Complainant's contentions are the following:

<\/span><\/p>\n

The Complainant states that the disputed domain name <Klarna-pay.online> is identical or confusingly similar to its prior KLARNA trademarks.<\/p>\n


<\/span>The Complainant contends that the addition of the generic related word “pay” and the generic Top-Level Domain (gTLD) such as “.online” does not add any distinctiveness to the disputed domain name<\/span> and that it does not prevent the likelihood of confusion between the disputed domain name and its trademarks.<\/p>\n

Further, the Complainant sustains that the Respondent does not have any rights or legitimate interest in the contested domain name.<\/p>\n

In this sense, the Complainant asserts that the Respondent is not commonly known by the disputed domain name and there is no evidence that the Respondent has a history of using, or preparing to use, the disputed domain name in connection with a bona fide offering of goods and services. The Claimant asserts that it is clear that the intention of the disputed domain name registration is to take undue advantage of the internet traffic generated due to the incorporation of the well-known KLARNA trademark in the disputed domain name, and\/or to sell the disputed domain name for profit due to the incorporation of the well-known KLARNA trademark in the disputed domain name.<\/p>\n

Moreover, the Complainant sustains that the Respondent has never been a licensee of the Complainant and does not have any rights to use the Complainant’s trademark. Also, the Complainant contends that there is no active website on the disputed domain name.<\/p>\n

Further, the Complainant sustains that the disputed domain name has been registered and is being used in bad faith.<\/p>\n

To this end, the Complainant contends that the Complainant’s trademark registrations predate the registrations of the disputed domain name and therefore it seems highly unlikely that the Respondent was not aware of the existence of the trademarks and the unlawfulness of the registration of the disputed domain name. Furthermore, the addition of the related generic terms such “pay” and “online” which relates to the Complainant’s online payment services creates a presumption of bad faith<\/span> in the Complainant’s view.<\/p>\n

Further, the Complainant sustains that the Respondent has never been granted permission to register the disputed domain name.<\/p>\n

The Complainant further asserts that the Respondent clearly knew about the Complainant’s trademark at the time of the registration of the disputed domain name and proceeded use it for a website where access is denied.<\/span><\/p>\n

As a summary, the Complainant sustains that the brand KLARNA is a globally well-known trademark. In the Complainant’s view, it is highly unlikely that the Respondent was not aware of the right that the Complainant has in the trademark and the value of said trademark, when the disputed domain name was registered. Lastly, all of the above-mentioned circumstances together with the fact that the Respondent is merely using the disputed domain name for an access denied page clearly indicate Respondent’s bad faith registration and use, in the Complainant’s view.<\/span><\/p>\n

On these bases, the Complainant asserts that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Delia-Mihaela Belciu" ], "date_of_panel_decision": "2022-10-14 00:00:00", "informal_english_translation": "

The Complainant bases its Complaint on the several KLARNA trademark registrations, namely the international trademark registration KLARNA, no. 1217315, designating for protection several territories, registered on 04.03.2014, for services in classes 35, 36, 39, 42, 45, the international trademark registration KLARNA, no. 1530491, designating for protection several territories, registered on 30.01.2020, for goods and services in classes 09, 35, 36, 39, 42, 45, the international trademark registration KLARNA, no. 1066079, designating for protection several territories, registered on 21.12.2010, for services in classes 35, 36, the European Union trademark KLARNA, no. 009199803, filed on 24.06.2010, registered on 06.12.2010, for services in classes 35, 36.<\/span><\/p>", "decision_domains": { "Klarna-pay.online": "TRANSFERRED" }, "panelist": null, "panellists_text": null }