The Complainant was incorporated in 2005 and is one of the European largest banks, with more than 5,000 employees. The Complainant offers payment solutions to more than 150 million consumers across 450,000 merchants in 45 countries. In 2021, the Complainant generated US$ 80 billion in gross merchandise volume. The number of transactions per day using the Complainant's services is equal to 2 million.<\/p>\n
The disputed domain names were registered between December 12, 2022 and January 4, 2023 by multiple Respondents. The disputed domain names trigger a security message from the Internet browser Google Chrome. Moreover, Mail exchanges (\"MX records\") are set up for two of the disputed domain names and some of the disputed domain names have been used in connection with fraudulent activities. <\/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 names.<\/p>", "no_response_filed": "
No administratively compliant Response has been filed. <\/p>\n
The Complainant requests the consolidation of the proceedings as the disputed domain names, although registered in the name of different Respondents (hereinafter collectively referred to as the “Respondent”), are subject to a common control. In particular, the disputed domain names have been registered within a span of three weeks. Moreover, the Whois records for all the disputed domain names except <betaiingkiarna.net> show that the country of the owners of the disputed domain names is Norway. Furthermore, the names of the owners of the disputed domain names are most likely false, as they merely consist of a series of letters, which do not form a meaningful name, the nature of the disputed domain names is similar, and the disputed domain names <kiarnabetaling.org>, <kiarnabetaling.net> and <betaiingkiarna.net> have all been used for scams.<\/p>\n
The Complainant further requests the change of language of this UDRP proceeding from Dutch to English in relation to the disputed domain names <betaiingkiarna.org> and <kiarnabetaling.org> for which the Registration Agreement of the Registrar Hosting Concepts B.V. d\/b\/a Registrar.eu is in Dutch, unlike the Registration Agreements of the other disputed domain names, which are in English. <\/p>\n
The Complainant states that the disputed domain names are confusingly similar to its trademark KLARNA, since this trademark is clearly recognizable within each disputed domain name. In particular, the disputed domain names include either the identical trademark KLARNA, or a very similar name, such as \"kiarna\", which is a typo of the Complainant's trademark. The fact that the disputed domain names contain an additional term to either the trademark KLARNA or its typo \"kiarna\", cannot prevent a finding of confusing similarity.<\/p>\n
The Complainant further maintains that the Respondent lacks rights or legitimate interests in the disputed domain names because the Respondent is not affiliated with, or authorized by, the Complainant, to make use of its KLARNA trademark. A simple Internet search would have revealed that the trademark KLARNA is exclusively associated to the Complainant. Moreover, the Respondent does not appear to be known by the disputed domain names.<\/p>\n
The Respondent is not making a legitimate or fair use of the disputed domain names. By trying to access the webpages associated with the disputed domain name, the Internet user is faced with a security warning message. If the Internet user proceeds one step further, it faces a phishing warning. If the Internet user continues, a malware is downloaded on its computer. Mail exchanges (\"MX records\") are set up for the disputed domain names <klarnabetai.org> and <kiarnabetal.org>. The word \"betaling\" added to most of the disputed domain names, is the Dutch word for \"payment\" and is closely related to the Complainant's activity. Hence, through the registration of the disputed domain names, the Respondent is impersonating the Complainant to create an impression of an association with the Complainant.<\/p>\n
As far as bad faith is concerned, the Complainant notes that the trademark KLARNA is highly distinctive and enjoys substantial reputation. It is therefore not conceivable that the Respondent registered the disputed domain names without knowledge of the Complainant's trademark. This is also confirmed by the composition of the disputed domain names. The Respondent has engaged in a pattern of conduct given the number of similar domain names that the Respondent has registered within a gap of less than one month. The disputed domain names have been used in relation to phishing activities and Mail exchanges (\"MX records\") are set up for two of the disputed domain names. The nature itself of the disputed domain names, which implies an association of affiliation with the Complainant, suggests opportunistic bad faith.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "procedural_factors": "
On 30 April 2023, the Panel requested the Complainant to pay the Additional UDRP Fees set forth by Annex A to the CAC‘s UDRP Supplemental Rules of the Czech Arbitration Court in consideration of the complexity of the proceedings. The Complainant paid the Additional UDRP Fees in due time, on 2 May 2023. The CAC acknowledge receipt of the payment of the Additional UDRP Fees on 4 May 2023. The Panel is therefore 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": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2023-05-04 00:00:00", "informal_english_translation": "
The Complainant is the owner of the trademark KLARNA, registered in several countries, among which the following registrations:<\/p>\n