{
    "case_number": "CAC-UDRP-106068",
    "time_of_filling": "2023-12-12 10:10:57",
    "domain_names": [
        "support-klarna.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Klarna Bank AB"
    ],
    "complainant_representative": "SILKA AB",
    "respondent": [
        "Tom  Mueller"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant &ldquo;Klarna Bank AB&rdquo; founded in 2005 in Stockholm, Sweden, is a leading global payments and shopping service, providing solutions to 150 million active customers across more than 500,000 merchants in 45 countries. The Complainant has more than 5,000 employees and facilitates more than two million transactions per day.&nbsp;The Complainant has a substantial social media presence with, for example, almost 600,000 followers on Instagram (https:\/\/www.instagram.com\/klarna\/) and 60,000 followers on X (https:\/\/twitter.com\/klarna\/). The Complainant also has a mobile application for the Android and Apple App Store platforms. The Complainant&rsquo;s Android app has been downloaded more than 10 million times. The Complainant is frequently featured in third-party articles as being considered among the top payment providers\/gateways in its field.&nbsp;<\/p>\n<p>The disputed domain name was registered on October 2, 2023.<\/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>COMPLAINANT:<\/p>\n<p>(i) The Complainant has rights in KLARNA mark as identified in &ldquo;Identification of rights&rdquo; above. The disputed domain name is confusingly similar to the Complainant's KLARNA mark.&nbsp;<\/p>\n<p>(ii) The Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent has not registered any trademarks, nor does the Respondent have unregistered trademark rights, for &lsquo;support-klarna&rsquo; nor any similar term. The Respondent is not known, nor has ever been known, by its distinctive KLARNA mark, &lsquo;support-klarna&rsquo;, nor anything similar.&nbsp; The Respondent has not been licensed by the Complainant to register a domain name featuring the KLARNA mark, nor any confusingly similar variant thereof. The Respondent has not used, nor prepared to use, the disputed domain name in connection with a&nbsp;<em>bona fide<\/em>&nbsp;offering of goods or services. The disputed domain name resolves to a default and unfunctional parking page. Such use is neither a bona fide use of the disputed domain name pursuant to paragraph 4(c)(i) of the Policy nor a legitimate noncommercial or fair use pursuant to paragraph 4(c)(iii) of the Policy. The disputed domain name&rsquo;s composition, by juxtaposing its distinctive KLARNA mark with the term &lsquo;support,&rsquo; carries a high risk of implied affiliation.&nbsp;<\/p>\n<p>(iii) The Respondent has registered and is using the disputed domain name in bad faith: i) the Respondent has registered and used the disputed domain name with actual knowledge of the Complainant's rights in the KLARNA mark; ii) given the renown of the KLARNA mark and composition of the disputed domain name that no good faith use could be made of it by the Respondent; iii) the worldwide reputation and distinctiveness of the KLARNA brand has been noted by many domain dispute panels in earlier proceedings; and iv) the Respondent has configured the disputed domain name with multiple MX (mail exchange) records, and this conduct is indicative of the Respondent&rsquo;s intention to capitalize on the Complainant by engaging in email phishing or other fraudulent activities.<\/p>\n<p><\/p>\n<p>RESPONDENT:<\/p>\n<p>No administratively compliant Response has been filed.&nbsp;&nbsp;<\/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>L<strong>anguage of the Proceedings<\/strong><\/p>\n<p>The Panel notes that the Registration Agreement is written in German, thereby making the language of the proceedings in German. The Complainant has requested that the proceeding should be conducted in English. The Panel has the discretion under UDRP Rule 11(a) to determine the appropriate language of the proceedings taking the particular circumstances of the administrative proceeding into consideration. See Section 4.5, WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition; see also Lovehoney Group Limited v yan zhang, CAC 103917 (CAC August 17, 2021) (finding it appropriate to conduct the proceeding in English under Rule 11, despite Japanese being designated as the required language in the registration agreement). The Complainant contends that: (i) the disputed domain name encompasses the descriptive English word &lsquo;support&rsquo;; (ii) content on the disputed domain name&rsquo;s landing page is in multiple languages, including English; (iii) the disputed domain name&rsquo;s generic extension is &lsquo;.com&rsquo;, so it seems to have been prepared for users worldwide, particularly English speaking countries; (iv) English is the primary language for international relations; (v) the Complainant&rsquo;s representatives are not established in Germany and are unable to communicate in German; and (vi) translating the Complaint into another language would cause considerable expense to the Complainant and undue delay to the proceeding.<\/p>\n<p>Pursuant to UDRP Rule 11(a), the Panel finds that persuasive argument has been adduced by the Complainant. After considering the circumstance of the present case, in the absence of the Response and no objection to the Complainant's request for the language of proceeding, the Panel decides that the proceeding should be in English.&nbsp;<\/p>\n<p>The Panel is satisfied that all other 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": [
        "Mr. Ho-Hyun Nahm Esq."
    ],
    "date_of_panel_decision": "2024-01-07 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the trademark KLARNA by means of several international and national trademark registrations, inter alia, Swedish trademark registration (Reg. No. 405801 registered on September 11, 2009), USPTO trademark registration (Reg. No. 4582346 registered on August 12, 2014); international trademark registrations (Reg. No. 1066079 registered on December 21, 2010; Reg. No. 1217315 registered on March 4, 2014); and EUIPO trademark registrations (Reg. No. 009199803 registered on December 6, 2010; Reg. No. 012656658 registered on July 30, 2014). The Complainant also maintains a strong online presence and operates its main webpage at &lt;klarna.com&gt;,&rdquo; which was registered on December 12, 2008.<\/p>",
    "decision_domains": {
        "support-klarna.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}