{
    "case_number": "CAC-UDRP-104994",
    "time_of_filling": "2022-11-21 09:24:41",
    "domain_names": [
        "kncircet.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "CIRCET"
    ],
    "complainant_representative": "NAMESHIELD S.A.S.",
    "respondent": [
        "Eoin moore"
    ],
    "respondent_representative": null,
    "factual_background": "<p>CIRCET informs that the Complainant is a world leading telecom network service provider.&nbsp; In particular, according to CIRCET, the Complainant is present in 14 countries in Europe, North Africa and America and, in 2021, its business generated &euro;2.42 billion in total sales and had 15,350 employees worldwide. The Complainant is the owner of several trademark registrations consisting of the term CIRCET and also of various domain names including CIRCET such as &lt;circet.com&gt;.&nbsp; The Complainant informs that the disputed domain name &lt;kncircet.com&gt; was registered on May 6, 2022.<\/p>\n<p>According to the Complainant the disputed domain name &lt;kncircet.com&gt; is confusingly similar to its trademark as it incorporates the CIRCET trademark in its entirety. The Complainant contends that the addition of the prefix KN is not sufficient to escape the finding that the disputed domain name is confusingly similar to the trademark CIRCET especially in consideration of the fact that <span>the Complainant operates in Ireland and UK via its entity KN CIRCET.&nbsp; Furthermore, according to the Complainant,<\/span> the addition of the gTLD \".com\" must be simply disregarded since it is a mere technical requirement of every domain name.<\/p>\n<p>In addition, it is the Complainant's view that the Respondent is not known as the disputed domain name. The Complainant also informs that neither licence nor authorization has been granted to the Respondent to make any use of the Complainant's trademark. Therefore, according to the Complainant, the Respondent has no rights or legitimate interests on the disputed domain name.<\/p>\n<p>The Complainant also notes that, given the distinctiveness and reputation of the Complainant's trademark, it is reasonable to interfere that the Respondent has registered the domain name with full knowledge of the Complainant's trademark. Furthermore, in the Complainant's view, the Respondent has not demonstrated any activity in respect of the disputed domain name and it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate and prejudicial of the Complainant rights. Finally, the Complainant informs that <span>MX servers are configured on &lt;kncircet.com&gt; <\/span><span>which suggests that the disputed domain name may be actively used for email purposes. Therefore, the Complainant contends that the domain name in dispute was registered and is being used in bad faith.<\/span><\/p>",
    "other_legal_proceedings": "<p>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": "<p>NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Guido Maffei"
    ],
    "date_of_panel_decision": "2022-12-23 00:00:00",
    "informal_english_translation": "<p><span>The Complainant is the owner of several trademarks. <\/span><\/p>\n<p><span>In particular, CIRCET owns:<\/span><\/p>\n<ul>\n<li>EUTM \"CIRCET\" n&deg;018200743 filed on February 24, 2020 and registered on August 13, 2020 for classes 9, 37, 38 and 42;<\/li>\n<li>IR \"CIRCET\" n&deg;1530135 registered on February 26, 2020 for classes 9, 37, 38 and 42;<\/li>\n<li>IR \"CIRCET\" n&deg;1530128 registered on February 26, 2020 for classes 9, 37, 38 and 42.<\/li>\n<\/ul>",
    "decision_domains": {
        "kncircet.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}