{
    "case_number": "CAC-UDRP-105208",
    "time_of_filling": "2023-04-13 09:22:35",
    "domain_names": [
        "paperowl.org"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Iaroslav Baklan (RATATATA LTD)"
    ],
    "complainant_representative": null,
    "respondent": [
        "GENNADIJ  BAKUTEJEV"
    ],
    "respondent_representative": null,
    "factual_background": "<p><span>The Complainant is a Bulgarian Company active in the sector of writing services.<\/span><\/p>\n<p><span>First of all, the Complainant has proved to be the owner of US Registration number 6,855,924 PAPERSOWL registered on September 27, 2022, with first use in commerce on January 13, 2016, and therefore after the registration of the disputed domain name &lt;paperowl.org&gt; (September 8, 2022).&nbsp;<\/span><\/p>\n<p><span>The Complainant also states that it had recognizable rights on the unregistered trademark PAPERSOWL before the registration of the domain name in dispute.&nbsp;<\/span><\/p>\n<p>In particular, the Complainant has proved to be the holder of the domain name &lt;papersowl.com&gt; registered since January 13, 2016 and to have actively used it at least since February 14, 2016 to offer writing services under the mark PAPERSOWL.<\/p>\n<p>In addition, the Complainant has proved that before the registration of the domain name in dispute its PAPERSOWL trademark was mentioned on numerous independent websites.<\/p>\n<p>The Complainant has also demonstrated to be active on social media such as Twitter, Instagram, YouTube, Pinterest, TikTok with a considerable number of followers before the registration of the domain name in dispute.<\/p>\n<p>According to the Complainant, the disputed domain name is confusingly similar to the PAPERSOWL unregistered trademark of the Complainant since the difference between the signs is minimal.<\/p>\n<p>Furthermore, it is the Complainant's view that the Respondent does not have any rights or legitimate interests in respect of the disputed domain name since the Complainant has never grant the Respondent a license or permission to use the PAPERSOWL mark.<\/p>\n<p>Finally, the Complainant considers that the disputed domain name has been registered and is being used in bad faith. This especially in consideration of the fact that Respondent uses the disputed domain name for its commercial benefit, as it sells writing services through the website corresponding to the domain name in dispute and said website presents many points in common with the website corresponding to the Complainant's domain name &lt;papersowl.com&gt;.&nbsp;<\/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 - The Panel has decided to not consider the late submission of the Respondent (e-mail dated May 18, 2023) since it is not relevant for the decision.<\/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": "2023-05-22 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of US Registration number 6,855,924 \"PAPERSOWL\" registered on September 27, 2022.<\/p>",
    "decision_domains": {
        "paperowl.org": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}