{ "case_number": "CAC-UDRP-105334", "time_of_filling": "2023-04-12 09:55:55", "domain_names": [ "paysend.website" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "PaySend Group Limited " ], "complainant_representative": "Igor Motsnyi (Motsnyi Consulting (dba Motsnyi Legal))", "respondent": [ "Maksim Andrei Gudvilovich" ], "respondent_representative": null, "factual_background": "

The Complainant is a global FinTech company established in 2017. It offers global money transfer services, currently serves over 6 million customers and operates in over 170 countries. The Complainant is the owner of the domain names <paysend.com> and <paysend.me>. <\/span><\/p>\n

The disputed domain name <paysend.website> was registered on 22 January 2023. It currently resolves to a website that contains the following text in English:<\/span><\/p>\n

“We are currently working on an awesome new site. Stay Tuned. Money transfers you can trust”.<\/span><\/em><\/p>\n

The website includes the following text in Russian:<\/span><\/p>\n

“Дешевый и быстрый способ отправить деньги за границу”<\/span><\/em> (translated in English as: “Cheap and fast way to send money abroad”<\/em>).<\/span><\/p>\n

The website at the disputed domain name also contains several logos at the bottom of the webpage, the clicking of which redirects to another website which describes itself as a “New platform for selling and creating NFT”<\/em>, and contains terms in English such as “Bitcoin” and “Crypto”.<\/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": "

COMPLAINANT:<\/p>\n

The Complainant submits that the disputed domain name is identical to its PAYSEND trademark, as it incorporates the trademark entirely without any other elements.<\/span><\/p>\n

According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it is not commonly known by the disputed domain name and is not related to the Complainant or authorized by it to register and use a domain name that includes the Complainant’s <\/span>PAYSEND trademark. The Complainant adds that the Respondent is not using the disputed domain name for any legitimate activity or for a bona fide offering of goods or services. The Complainant points out that the disputed domain name is used to publish information about future business related to “money transfers” that is exactly the main business activity of the Complainant protected under its PAYSEND trademark, and redirects to another website that contains information about a “new platform for selling and creating NFT”. According to the Complainant, this shows that the Respondent uses the disputed domain name to compete with the Complainant. <\/span><\/p>\n

The Complainant states that the disputed domain name was registered and is being used in bad faith. It claims that its PAYSEND trademark was well-known in the area of online payments and online money transfers at the time of the registration of the disputed domain name in January 2023. The Complainant points out that the PAYSEND trademark is fully incorporated in the disputed domain name without any additions or alterations, and the disputed domain name was registered many years after registration of this trademark, including in Belarus – the location of the Respondent. The Complainant submits that the content of the website at the disputed domain name shows the Respondent’s knowledge of the Complainant and its trademarks and the Respondent’s intent to take unfair advantage of them by suggesting a false affiliation with the Complainant and its business. It adds that the website at the disputed domain name also offers financial services and transactions, thus competing with the services of the Complainant. According to the Complainant, the conclusion is that the Respondent has registered and is using the disputed domain name targeting the Complainant and its PAYSEND trademark in an attempt to receive financial gain by confusing and attracting Internet users to its website where services competing with the Complainant are offered, which also disrupts the Complainant’s business.<\/span><\/p>\n

<\/p>\n

RESPONDENT:<\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/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": "

Language of the proceeding<\/span><\/p>\n

The Complainant asks the Panel to conduct this proceeding in English, and maintains that the Respondent understands English very well, because the website at the disputed domain name contains information in English and redirects to another website that also contains information in English, which shows that the Respondent targets an English-speaking audience with its activities. The Complainant adds that the translation of all case materials into Russian would significantly delay the proceedings and would burden the Complainant.<\/span><\/p>\n

According to the information provided by the Registrar, the language of the Registration Agreement for the disputed domain name is Russian. Under paragraph 11 of the Rules, unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.<\/span><\/p>\n

The Respondent has not submitted any objections to the Complainant’s request that the proceedings be held in English and has not brought to the attention of the Panel any reasons why the use of English in this proceeding would be unfair or inefficient. As submitted by the Complainant, the website at the disputed domain name indeed includes English language statements and redirects to another website that is also in English. <\/span><\/p>\n

In light of the above, the Panel accepts as more likely that the Respondent understands English and would not be disadvantaged if this is the language of the proceeding, and considers that the use of English in this proceeding would be fair and efficient.<\/span><\/p>\n

Therefore, in exercise of its powers under paragraph 11 of the Rules, the Panel decides that the language of this administrative proceeding be English.<\/span><\/p>\n

Otherwise, the Panel is satisfied that all procedural requirements under the UDRP were met and there is no other reason why it would be inappropriate to provide a decision.  <\/span><\/p>\n

<\/p>", "decision": "Accepted", "panelists": [ "Assen Alexiev" ], "date_of_panel_decision": "2023-05-10 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following trademark registrations for the sign “PAYSEND” (the ”PAYSEND trademark”):<\/span><\/p>\n

- the International trademark PAYSEND (word), with registration No. 1251936, registered on 10 April 2015 for services in International Class 36 in numerous jurisdictions, including Belarus, where the Respondent is located; and<\/span><\/p>\n

- the International trademark PAYSEND (word + device) with registration No. 1284999, registered on 13 October 2015 for goods and services in International Classes 9 and 36 in numerous jurisdictions, including Belarus.<\/span><\/p>", "decision_domains": { "paysend.website": "TRANSFERRED" }, "panelist": null, "panellists_text": null }