{ "case_number": "CAC-UDRP-106558", "time_of_filling": "2024-05-27 09:25:46", "domain_names": [ "paysend.cc" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "PaySend Group Limited" ], "complainant_representative": "Igor Motsnyi (Motsnyi Consulting (dba Motsnyi Legal))", "respondent": [ "Tronx Ltd" ], "respondent_representative": null, "factual_background": "
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The Complainant is a large financial technology company with its headquarters in Fife, United Kingdom. The Complainant trades as PAYSEND and has launched a number of PAYSEND-branded financial services-related products including “Paysend Global Transfers”, “Paysend Global Account” and Paysend Connect”. Its services over 4 million customers in more than 90 countries.<\/p>\n

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The Complainant asserts having a has strong social media presence as well as strong social media presence before the registration date of the disputed domain name.<\/span><\/p>\n

The Complainant mentioned being recognized as one of the top global money transfer services by various independent sources (<\/span>No.1 in the ranking in Europe with the score 9.8 by “Top10moneytransfer.com”, one of TOP 3 services in the world by “Fees and Exchange Rates” and by “Customer Satisfaction” by “Monito.com” and <\/span>i<\/span>n 2022 the Complainant was announced one of the winners of <\/span>Deloitte’s UK Technology Fast 50<\/span>, ranking as the 8th fastest growing FinTech company in the UK by revenue growth)<\/span>.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

The disputed domain name was registered on May 24, 2023. <\/span><\/p>\n

The domain name is being used presenting, under an alleged company HAVALE (meaning in Turkish language money transfers, wire), a website potentially offering financial services.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>", "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 Complainant contends that the requirements of the Policy have been met and that the disputed domains names should be transferred to it. The Complainant makes a number of legal arguments and also supplies a set of annexes providing evidence of its activities and of the Respondent's use of the disputed domain name.<\/span><\/p>\n

No administratively compliant Response has been filed. It ought to be indicated that the Centre sent to the complaint but nor the advice of delivery thereof was returned to the Czech Arbitration Court. The notice of the Commencement of the administrative proceeding was therefore only sent by e-mail. Yet, the e-mail notice sent to <postmaster@paysend.cc>, <ahmylmz83@gmail.com>, and <marketing@paysend.cc> but the CAC never received any proof of delivery or notification of non-delivery. No further e-mail address could be found on the disputed site.<\/p>\n

The Respondent never accessed the online platform.<\/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>", "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": [ "David-Irving Tayer" ], "date_of_panel_decision": "2024-07-01 00:00:00", "informal_english_translation": "

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The Complainant PaySend Group Limited is the owner of various trademark registrations and in particular:<\/p>\n

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  • International TM registration No.1284999 “PAYSEND”<\/strong> (word + device), registration date – October 13, 2015, protected inter alia in the following jurisdictions: the United States, the UK, Turkey, Spain, Poland, Portugal, Germany, Benelux, Switzerland, Sweden, France, Italy, Ukraine, Kazakhstan, Mexico, New Zealand, Zambia, Zimbabwe, the African Intellectual Property Organization, Singapore in respect of some goods in class 09 and some services in class 36 including “financial affairs; monetary affairs; online banking”;<\/li>\n
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    International TM registration  No.1251936 “PAYSEND” (word), registration date - April 10, 2015, subsequent designation in some jurisdictions - December 10, 2015, protected inter alia in the following jurisdictions: the UK, the United States, Armenia, Belarus, Bosnia and Herzegovina, Benelux, Ireland, Hungary, Switzerland, China, Colombia, Spain, Sweden, Greece, France, India, Italy, Mexico, New Zealand, Poland, Singapore, Turkey, Kazakhstan, Ukraine, Mexico, New Zealand, the African Intellectual Property Organization in respect of some services in class 36, including “financial affairs; monetary affairs”;<\/p>\n<\/li>\n

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    International TM registration  No. 1539382 “PAYSEND Money for the future” (word + device), registration date - May 30, 2020, subsequent designation in some jurisdictions on December 16, 2021, protected inter alia in the following jurisdictions: the United States, the UK, Turkey, Ukraine, Australia, Austria, Brazil, Benelux, Belarus, Canada, Spain, Indonesia, Iceland, Switzerland, Republic of Korea, New Zealand, Japan, the African Intellectual Property Organization (OA), and protected for some goods in class 9 and services in class 36, including “financial affairs, including activity relating to the use of crypto- and digital money and crypto-currency; monetary affairs including operations with the use of crypto- and digital money and crypto-currency”;<\/p>\n<\/li>\n

  • International TM registration  No. 1735950 \"PAYSEND Libre<\/strong>\" (word), registration date - February 23, 2023, protected inter alia in the EU, Switzerland, Australia, the Philippines and Turkey and protected for some goods in class 9 and services in class 36, including \"financial affairs, namely, alternative banking services in the nature of online banking and online bill payment and money transfer services; monetary affairs, namely, alternative banking services in the nature of online banking and online bill payment and money transfer services\".<\/li>\n<\/ul>\n

    The Complainant is also the owner of various domain names including the trademarks PAYSEND under ccTLDs and gTLDs such as <paysend.com>.<\/p>\n<\/div>", "decision_domains": { "paysend.cc": "TRANSFERRED" }, "panelist": null, "panellists_text": null }