klarna.com<\/a>>. The Complainant’s additional domain names include <klarna.se>, <klarna.us>, <klarna.co.uk>, <klarna.es>, <klarna.de> and <klarna.cn>.<\/p>\nThe disputed domain name was registered on April 25, 2024, and the Respondent has intentionally attempted to attract, for commercial gain, internet users by creating a likelihood of confusion with the Complainant’s KLARNA mark. The Respondent has used the global renown of the KLARNA mark to attract and, by impersonating the Complainant, give internet users the false and misleading impression that the disputed domain name is operated by the Complainant. The Respondent has engaged in this deception by, among other things: (a) prominently and repeatedly brandishing the Complainant’s KLARNA mark and logo on the resolving site; (b) adopting a similar look and feel (e.g., through its choice of colours) to content found on the Complainant’s official sites; and (c) featuring text in the resolving site’s footer which identifies the Complainant and therefore falsely reinforces the impression that the Complainant controls it.<\/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 Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/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 Complainant filed the Complaint in English rather than in Russian (i.e. the language of the registration agreement). Pursuant to paragraph 11(a) of the Rules, unless otherwise agreed by the parties, or otherwise specified in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding. Paragraph 10(b) and (c) of the Rules requires the Panel to ensure that the proceeding takes place with due expedition and that the parties are treated fairly and given a fair opportunity to present their respective cases.<\/p>\n
The Complainant filed its Complaint in English and then requested that English be the language of the proceeding.<\/p>\n
The Complainant noted the following factors supporting English as the fair language of the proceeding: (a) the disputed domain name is composed of the English words ‘pay’ and ‘with’, followed by the Complainant’s KLARNA mark; (b) the disputed domain name resolves to a site which prominently brandishes English text; (c) the Respondent has registered other domain names which incorporate generic English words (eg. <a-confirmation.com>, <adwordsagencydirectnetwork.com> and <angelbusinessteam.com>.<\/p>\n
The Panel agrees with the factors presented by the Complainant and also admits additional important factors in favour of the Complainant’s option of English language for this proceeding: (a) the Respondent has been given the opportunity to present its case in this proceeding and to respond formally to the issue of the language of the proceeding; (b) the Respondent has not responded to the Complainant’s request for a change of the language from Russian to English; (c) the Complainant would be unduly disadvantaged by having to proceed in Russian (i.e., by having to arrange and pay for the translation of the Complaint and annexes).<\/p>\n
Considering the above circumstances, the Panel finds that the choice of English as the language of the present proceeding is fair to both parties and is not prejudicial to either one of the parties in his or her ability to articulate the arguments for this case.<\/p>\n
The Panel has also taken into consideration the fact that insisting the Complaint and all supporting documents to be re-filed in Russian would cause an unnecessary burden of cost to the Complainant and would unnecessarily delay the proceeding which would be contrary to Paragraph 10(b) and (c) of the Rules.<\/p>\n
Having considered all the above matters, the Panel determines under paragraph 11(a) of the Rules that (i) it will accept the Complaint and all supporting materials as filed in English; and (ii) English will be the language of the proceeding and the decision will be rendered in English.<\/p>\n
In view of all of the above, 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.<\/strong><\/p>",
"decision": "Accepted",
"panelists": [
"Darius Sauliūnas"
],
"date_of_panel_decision": "2024-07-23 00:00:00",
"informal_english_translation": "The Complainant is the owner of numerous national, EU and international trademark registrations, eg. EU trademark KLARNA (Reg. No. 009199803), in Nice classes 35 and 36, registered since December 6, 2010.<\/p>",
"decision_domains": {
"pay-with-klarna.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}