{
    "case_number": "CAC-UDRP-106568",
    "time_of_filling": "2024-05-30 08:52:58",
    "domain_names": [
        "thepaysend.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "PaySend Group Limited "
    ],
    "complainant_representative": "Igor Motsnyi (Motsnyi Consulting (dba Motsnyi Legal))",
    "respondent": [
        "Josef Hos (Anonymouse Domains s.r.o)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant, PaySend Group Limited (&ldquo;PaySend&rdquo;), is a global FinTech company. Paysend was created with a vision to change the way people manage their everyday finances. Paysend was the first FinTech project to introduce international card-to-card transfers, allowing connections between 12 billion cards globally - Mastercard, Visa, China UnionPay and local card schemes.<\/p>\n<p>Paysend currently serves over 7 (seven) million customers and operates in over 170 countries globally. It is one of the leaders in the area of online money transfers and received various awards including &ldquo;PayTech 2018&rdquo; &ndash; &ldquo;Best Consumer Payments&rdquo; and &ldquo;FinovateSpring 2018&rdquo;- Leading FinTech Product.<\/p>\n<p>The Complainant has a strong social media presence, see Annex 3 for more information about Complainant&rsquo;s social media accounts prior to the registration date of the disputed domain name.<\/p>\n<p>&nbsp;<\/p>\n<p>The disputed domain name website (i.e. website available under the internet address containing the disputed domain name) contains merely (likely automatically generated) links to third party content (websites) and thus it has no genuine content.<\/p>\n<p>The Complainant seeks transfer of the disputed domain name to the Complainant.<\/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><strong>COMPLAINANT:<\/strong><\/p>\n<p>A) CONFUSING SIMILARITY<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>The disputed domain name contains the \"PAYSEND \" word element of the Complainant's trademarks in its entirety.<\/li>\n<li>In addition, the disputed domain name contains only a word element &ldquo;THE&rdquo;, which stands for definite article in the English language and has no distinctive character.<\/li>\n<li>Thus, according to the Complainant, the confusing similarity between the Complainant&rsquo;s trademarks and the disputed domain name is clearly established.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>B) NO RIGHTS OR LEGITIMATE INTERESTS<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>The Respondent has not been commonly known by the disputed domain name.<\/li>\n<li>The Complainant has not authorized, permitted or licensed the Respondent to use the Complainant&rsquo;s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain name.<\/li>\n<li>Furthermore, the disputed domain name website has not been used for any legitimate or fair purposes.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>C) BAD FAITH REGISTRATION AND USE<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>Seniority of the Complainant's trademarks predates the disputed domain name's registration and such trademarks are well known in relevant business circles. The Respondent can be considered aware of the Complainant's trademarks when registering the disputed domain name due to the well-known character thereof.<\/li>\n<li>The disputed domain name (at the time of filing of the complaint) is not used for any bona fide offerings. More particularly, there are present circumstances indicating that, by using the domain name, the Respondent has registered the disputed domain name primarily for creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his website.<\/li>\n<li>The disputed domain name represents a clear case of so-called &ldquo;phishing&rdquo; which means that the disputed domain name is intended to defraud the Complainant&rsquo;s customers.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p><strong>RESPONDENT:<\/strong><\/p>\n<p>The Respondent has not provided any response to the Complaint.<\/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>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": [
        "Jiří Čermák"
    ],
    "date_of_panel_decision": "2024-07-09 00:00:00",
    "informal_english_translation": "<p>The Complainant is, among other things, a registered owner of the following trademarks containing the word element \"PAYSEND\":<\/p>\n<ul>\n<li>PAYSEND (figurative), International Trademark, priority 11 September2015, registration date 13 October 2015, registration no. IR 1284999, registered for goods and services in classes 9 and 36;<\/li>\n<li>PAYSEND (word), International Trademark, priority 31 March2015, registration date 10 April2015, registration no. IR 1251936, registered for services in class 36;<\/li>\n<\/ul>\n<p>besides other national and international trademarks consisting of or containing the \"PAYSEND\" denomination.<\/p>\n<p>(Collectively referred to as \"Complainant's trademarks\").<\/p>\n<p>&nbsp;The Complainant has also registered several domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term &bdquo;PAYSEND\" such as &lt;PAYSEND.COM&gt; and others.<\/p>\n<p>Moreover, the word PAYSEND constitutes a significant part of the Complainant&rsquo;s company name.<\/p>",
    "decision_domains": {
        "thepaysend.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}