{ "case_number": "CAC-UDRP-106073", "time_of_filling": "2023-12-14 09:01:03", "domain_names": [ "pricrunner.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "PriceRunner International AB" ], "complainant_representative": "SILKA AB", "respondent": [ "Domain Admin" ], "respondent_representative": null, "factual_background": "

The Complainant, founded in Sweden in 1999, is a price comparison service which enables users to compare prices and offers on over five million products involving more than 6,000 retailers. The Complainant receives an average of more than 15 million visits to its online offerings each month, and also has approximately 21 million monthly service recipients in the EU. The Complainant has operations in Sweden, the UK, Denmark and Norway, and more than 150,000 verified user reviews of products and retailers. The Complainant offers its online services from, among other websites, www.pricerunner.com and www.pricerunner.se<\/a>. <\/p>\n

The Complainant was acquired by Klarna Bank AB, in 2022. Klarna Bank is a leading global payments and shopping service with more than 150 million active customers across over 500,000 merchants in 45 countries. The Complainant’s acquisition by Klarna Bank AB was widely reported in numerous third-party sources in the jurisdictions in which it operates, including the United States.<\/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 states that it has been operating for more than 20 years and its earliest trademarks for PRICERUNNER precede the registration of <pricrunner.com> (hereinafter the “Disputed Domain Name”) by more than 15 years. The Complainant’s trademarks cover numerous jurisdictions and its services are accessed by millions of monthly users. The Complainant’s PRICERUNNER trademarks are readily identifiable in publicly accessible trademark databases.<\/p>\n

The Complainant further states that the top search results for the PRICERUNNER mark clearly pertain to the Complainant’s offerings. It is therefore evident that, notwithstanding other considerations, the simplest degree of due diligence would have otherwise made the Respondent aware of the Complainant’s internationally-established rights in the PRICERUNNER mark.<\/p>\n

The Complainant further states that the Respondent’s selection of the string ‘pricrunner.com’ unequivocally reflects its attempt to capitalise on the Complainant's mark through typosquatting conduct (which panels have affirmed is ‘inherently parasitic and of itself evidence of bad faith’).<\/p>\n

Complainant shows further that The Complainant has a notable social media presence with, for example, more than 75,000 followers on Facebook (https:\/\/www.facebook.com\/PriceRunner\/). The Complainant also has a mobile application for the Google Play and Apple App Store platforms. The Complainant’s Google Play app has been downloaded more than 100,000 times.<\/p>\n

The Complainant has won a number of awards over the years; these include, among others, Svenska SEO-priset - Årets Raket (‘Swedish SEO Award - Rocket of the Year’) (2021) and Bästa sök- och jämförelsetjänsten (IDG) (‘Best Search and Comparison Service (IDG)’) (2019). <\/p>\n

In sum, the Complainant is very well known; so well known that in registering and using the Disputed Domain Name the Respondent could not argue that it lacked knowledge of the Complainant and its mark.<\/p>\n

Independently, the Panel notes that upon attempting to access the resolving website a warning appears that reads: “Malicious Website Blocked.”

<\/p>\n

RESPONDENT:<\/p>\n

The Respondent has not appeared formally or informally to controvert the evidence submitted by the Complainant. Because the identity of the beneficial registrant is blocked by a proxy service, for the purposes of this proceeding, Domain Admin is the \"Respondent\" and \"should be understood as also including the person or persons who caused the registration to be effected in the name of [Domain Admin],\" WIPO Claim No, D2018-1722, The Hartman Media Company, LLC v. Host Master, 1337 Services.  <\/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": "

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": [ "Gerald Levine Ph.D, Esq." ], "date_of_panel_decision": "2024-01-15 00:00:00", "informal_english_translation": "

The Complainant holds trademarks for PRICERUNNER and PRICERUNNER.COM, which cover numerous jurisdictions, including:<\/p>\n

- PRICERUNNER International 866969 26\/01\/2005 Cl. 35;<\/p>\n

- PRICERUNNER Sweden 371312 24\/03\/2005 Cl. 35;<\/p>\n

- PRICERUNNER.COM European Union 004258794 21\/03\/2006 9, Classes 35, 42;<\/p>\n

- PRICERUNNER European Union 003908531 06\/04\/2006 Classes 9, 35, 38, 41, 42;<\/p>\n

- PRICERUNNER United Kingdom UK00903908531 06\/04\/2006 Classes 9, 35, 38, 41, 42;<\/p>\n

- PRICERUNNER United States 4975600 14\/06\/2016 Classes 35, 38, 41.<\/p>", "decision_domains": { "pricrunner.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }