{ "case_number": "CAC-UDRP-106481", "time_of_filling": "2024-04-26 15:40:00", "domain_names": [ "klarna-online.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Klarna Bank AB" ], "complainant_representative": "SILKA AB", "respondent": [ "COLEGIO EDUCATIVO SC (COLEGIO EDUCATIVOSINALOA)" ], "respondent_representative": null, "factual_background": "

As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:<\/span><\/p>\n

(a) The Complainant is a Swedish e-commerce company that was established in Stockholm, Sweden in 2005. It focuses on providing payment services for online stores, offering various options including direct payments, pay-after-delivery, and instalment plans. The company's main goal is to simplify online shopping and make it more accessible to people. The Complainant has a workforce of over 5,000 employees, with the majority based at the Stockholm headquarters.  It is currently one of Europe’s largest banks and is providing payment solutions for over 150 million consumers across 500,000 merchants in 45 countries. In 2021, the company generated $80 billion in gross merchandise volume.<\/p>\n

(b) The Complainant is the owner of Complainant's Trademarks; and<\/span><\/p>\n

(c) The disputed domain name was registered on 3 March 2024 and there is no active website under the disputed domain name.<\/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": "

The Parties' contentions are the following:

THE COMPLAINANT:

In addition to the above factual assertions, the Complainant also contends the following:

\n

(i)  The disputed domain name is confusingly similar to Complainant's Trademarks as it includes such trademarks in their entirety and the addition of non-distinctive term “online” is not sufficient to escape the finding of confusing similarity;<\/p>\n<\/div>\n

<\/div>\n
(ii) The Respondent is not known by the Complainant. The Respondent is not affiliated with the Complainant and is not related in any way to Complainant’s business. The Respondent is apparently making neither a bona fide offering of goods or services, nor a legitimate noncommercial or fair use, through the disputed domain name. Therefore, the Respondent has no right or legitimate interest to the disputed domain name; and<\/div>\n
<\/div>\n
\n

(iii) Given the distinctiveness of the Complainant's Trademark and reputation, the Complainant can state that the Respondent has registered the disputed domain name with full knowledge of the Complainant's Trademark and therefore could not ignore the Complainant. Complainant contends that the Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. Therefore, the Respondent has registered and is using the disputed domain name in bad faith and this case is a clear example of so-called cyber-squatting.<\/p>\n<\/div>\n

<\/span><\/div>\n
For these reasons the Complainant believes that it satisfies all requirements under the Uniform Domain Name Dispute Resolution Policy (\"UDRP<\/strong>\" or \"Policy<\/strong>\") for transfer of the disputed domain name to the Complainant. <\/span><\/div>\n

THE RESPONDENT:<\/span>

The Respondent did not provide any response to the complaint.<\/span><\/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>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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": [ "Michal Matějka" ], "date_of_panel_decision": "2024-05-25 00:00:00", "informal_english_translation": "

The Complainant is the registered owner of the following trademarks:<\/span><\/p>\n\n\n\n\n\n\n\n\n
\n

Trademark<\/u><\/strong><\/p>\n<\/td>\n

\n

Registration Date<\/u><\/strong><\/p>\n<\/td>\n

\n

Territory<\/u><\/strong><\/p>\n<\/td>\n

\n

Registration Number<\/u><\/strong><\/p>\n<\/td>\n<\/tr>\n

\n

KLARNA<\/p>\n<\/td>\n

\n

22-12-2010<\/span><\/p>\n<\/td>\n

\n

International Reg. designating Switzerland, Russia, China, Turkey and Norway (WIPO)<\/p>\n<\/td>\n

\n

1066079<\/p>\n<\/td>\n<\/tr>\n

\n

KLARNA<\/p>\n<\/td>\n

\n

07-12-2010<\/span><\/p>\n<\/td>\n

\n

Europe<\/p>\n<\/td>\n

\n

009199803<\/p>\n<\/td>\n<\/tr>\n

\n

KLARNA<\/p>\n<\/td>\n

\n

04-03-2014<\/span><\/p>\n<\/td>\n

\n

International Reg. designating the <\/span>MEXICO (WIPO)<\/span><\/p>\n<\/td>\n

\n

1217315<\/span><\/p>\n<\/td>\n<\/tr>\n

\n

KLARNA<\/p>\n<\/td>\n

\n

13-08-2014<\/span><\/p>\n<\/td>\n

\n

USA<\/p>\n<\/td>\n

\n

4582346<\/p>\n<\/td>\n<\/tr>\n

\n

KLARNA<\/span><\/p>\n<\/td>\n

\n

11-01-2020<\/span><\/p>\n<\/td>\n

\n

International Reg. designating the MEXICO (WIPO)<\/span><\/p>\n<\/td>\n

\n

018120004<\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

(\"Complainant's Trademarks<\/strong>\") <\/span><\/p>\n

The disputed domain name <klarna-online.com> was registered on 3 March 2024.<\/span><\/p>\n

<\/span><\/p>", "decision_domains": { "klarna-online.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }