The Complainant is a leading global payments and shopping services provider, founded in 2005 in Stockholm, Sweden. The Complainant provides solutions to 150 million active customers across more than 500,000 merchants in 45 countries. The Complainant has over 5,000 employees and facilitates more than two million transactions per day. The Complainant’s main international website at <klarna.com> received an average of more than 45 million monthly visits between July and September 2023. The Complainant has a substantial social media presence, with almost 600,000 followers on Instagram (https:\/\/www.instagram.com\/klarna\/), more than 220,000 followers on Facebook (https:\/\/www.facebook.com\/Klarna), and almost 60,000 followers on X (https:\/\/twitter.com\/klarna\/). The Complainant also has a mobile application for the Google Play and Apple app store platforms. The Complainant’s Google Play application has been downloaded more than 10 million times.<\/p>\n
The 36 disputed domain names <klarna.auction>, <klarna.autos>, <klarna.bar>, <klarna.best>, <klarna.bet>, <klarna.bingo>, <klarna.bio>, <klarna.blog>, <klarna.boats>, <klarna.bond>, <klarna.boutique>, <klarna.buzz>, <klarna.cam>, <klarna.company>, <klarna.contact>, <klarna.cyou>, <klarna.directory>, <klarna.fun>, <klarna.guru>, <klarna.hair>, <klarna.homes>, <klarna.icu>, <klarna.lat>, <klarna.life>, <klarna.lol>, <klarna.love>, <klarna.mom>, <klarna.monster>, <klarna.one>, <klarna.pics>, <klarna.quest>, <klarna.team>, <klarna.tokyo>, <klarna.wtf>, <wklarna.com> and <wwklarna.com> were all registered on 21 November 2023, save for the disputed domain name <klarna.mom>, which was registered on 26 April 2023. As at the date of the amended complaint, the disputed domain names redirected users via various URLs to a website at https:\/\/www.lotto60.com\/, which advertised a soon-to-launch gambling offering unrelated to the Complainant. However, as at the date of this decision, the disputed domain names resolve to an inactive error page. <\/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": "
The Complainant contends that all three elements of the UDRP have been fulfilled and it therefore requests the transfer of the disputed domain names to the Complainant.<\/p>\n
No administratively compliant response has been filed.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are identical or confusingly similar to a trade mark 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": "
The Panel notes that the amended complaint relates to some 36 disputed domain names registered by the same respondent, Mihaela Sinclair, with the same registrar and (with one exception) on the same date. As at the date of this decision, the disputed domain names all resolve to an error page without active content. The Panel considers it appropriate that the complaints against the disputed domain names are consolidated in a single UDRP proceeding for the following reasons: Paragraph 4(f) of the Policy provides that “[i]n the event of multiple disputes between [a respondent] and a complainant, either [the respondent] or the complainant may petition to consolidate the disputes before a single Administrative Panel….” This is allowed where it “promotes the shared interests of the parties in avoiding unnecessary duplication of time, effort and expense, reduces the potential for conflicting or inconsistent results arising from multiple proceedings, and generally furthers the fundamental objectives of the Policy.” (See, for example, WIPO Case No D2009-0985, MLB Advanced Media, The Phillies, Padres LP -v- OreNet, Inc.). Furthermore, paragraph 3(c) of the Rules provides that “[t]he complaint may relate to more than one domain name, provided that the domain names are registered by the same domain-name holder”, as is the case here. Not only have the disputed domain names at issue in this proceeding been registered by the same Respondent, but they were also registered predominantly on the same date and none resolves to an active website. The Panel therefore concludes that it would be equitable and procedurally efficient to permit the consolidation of the disputed domain names into this single case.<\/p>\n
The Panel further notes that, as at the date of this decision, the disputed domain names resolve to an inactive error page, whereas at the date of the amended complaint, the disputed domain names redirected to an online gambling website unrelated to the Complainant. It has been commonly accepted by a large number of UDRP decisions that panels may perform limited independent factual research into matters of public record in assessing the merits of a case, based on the wide general powers set out in paragraphs 10 and 12 of the UDRP Rules. Such research may include, in particular, visiting the website linked to the disputed domain name in order to obtain information about a respondent’s use of the disputed domain name (see, for example, WIPO Overview 3.0 at paragraph 4.8). The Panel is therefore satisfied that it can take into account the change away from the website to which the disputed domain names were originally linked. The Panel does not consider it necessary to invite the parties to make further submissions on the fact that the disputed domain names now resolve to an error page because doing so would undermine the UDRP process insofar as a respondent would simply have to change the redirection at different stages during the administrative proceeding to prevent a timely and effective decision from being reached. The Panel therefore considered it appropriate to proceed to a decision without inviting further party submissions.<\/p>\n
The Panel is also 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": [ "Gregor Kleinknecht LLM MCIArb" ], "date_of_panel_decision": "2024-04-16 00:00:00", "informal_english_translation": "
The Complainant owns a portfolio of trade marks consisting of or incorporating the name KLARNA, including the Swedish national trade mark KLARNA, registration number 405801, first registered on 11 September 2009 in international classes 35 and 36; the European Union trade mark KLARNA, registration number 009199803, first registered on 6 December 2010 in international classes 35 and 36; the International trade mark KLARNA, registration number 1066079, first registered on 21 December 2010 in international classes 35 and 36; the European Union trade mark KLARNA, registration number 012656658, first registered on 30 July 2014 in international classes 35, 36, 39, 42 and 45; and the United States national trade mark KLARNA, registration number 4582346, first registered on 12 August 2014 in international classes 35, 36, 42 and 45. The aforementioned trade mark registrations of the Complainant predate the registration of the disputed domain names.<\/p>\n
Furthermore, the Complainant also owns numerous domain names which consist of or incorporate the name KLARNA, including <klarna.com>, first registered on 12 December 2008, which is connected to the Complainant's official main international website through which it informs Internet users and customers about its products and services, as well as the further domain names <klarna.us>, <klarna.se>, <klarna.co.uk>, <klarna.es>, <klarna.de> and <klarna.cn>.<\/p>", "decision_domains": { "klarna.auction": "TRANSFERRED", "klarna.autos": "TRANSFERRED", "klarna.bar": "TRANSFERRED", "klarna.best": "TRANSFERRED", "klarna.bet": "TRANSFERRED", "klarna.bingo": "TRANSFERRED", "klarna.bio": "TRANSFERRED", "klarna.blog": "TRANSFERRED", "klarna.boats": "TRANSFERRED", "klarna.bond": "TRANSFERRED", "klarna.boutique": "TRANSFERRED", "klarna.buzz": "TRANSFERRED", "klarna.company": "TRANSFERRED", "klarna.contact": "TRANSFERRED", "klarna.cyou": "TRANSFERRED", "klarna.directory": "TRANSFERRED", "klarna.fun": "TRANSFERRED", "klarna.guru": "TRANSFERRED", "klarna.hair": "TRANSFERRED", "klarna.homes": "TRANSFERRED", "klarna.icu": "TRANSFERRED", "klarna.lat": "TRANSFERRED", "klarna.life": "TRANSFERRED", "klarna.lol": "TRANSFERRED", "klarna.love": "TRANSFERRED", "klarna.mom": "TRANSFERRED", "klarna.monster": "TRANSFERRED", "klarna.one": "TRANSFERRED", "klarna.pics": "TRANSFERRED", "klarna.quest": "TRANSFERRED", "klarna.team": "TRANSFERRED", "klarna.tokyo": "TRANSFERRED", "klarna.wtf": "TRANSFERRED", "wklarna.com": "TRANSFERRED", "wwklarna.com": "TRANSFERRED", "klarna.cam": "TRANSFERRED" }, "panelist": null, "panellists_text": null }