The Complainant is an Italian company, founded in December 2019, offering excellence and security in payments. In particular, it makes payment services and all transactional operations always available thanks to a network of over 45,000 points of sale - tobacconists, bars and newsstands - and the most modern digital platforms. The aim of the Complainant is to make people's relationship with banking and payments more accessible and familiar, promoting a new simple and fast lifestyle. Thanks to continuous investments in technology and innovation, it offers millions of people a phygital experience, with the widest range of services perfectly integrated between physical and digital channels. In this way, the Complainant has become the first \"Proximity Banking & Payments\" company in Italy.<\/p>\n
The Respondent is an individual residing in the US.<\/p>\n
The disputed domain name was registered on November 2, 2023 and resolves to a parking page with pay-per-click (PPC) links related to financial services.<\/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 Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n The Respondent filed a Non-standard communication affirming that she was in the process of setting up a company under the laws of Florida with the name MooneyFund LLC.<\/p>\n 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 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>\n On June 25, 2024, the CAC notified the Respondent about the commencement of this administrative proceeding, informing her about the 20 calendar days Response-period. The CAC also informed the Respondent that she might have requested an extension of additional 4 calendar days.<\/p>\n On July 11, 2024, the CAC sent a reminder to the Respondent that the Response would expire on July 15, 2024.<\/p>\n On July 16, 2024 at 07:07, the CAC notified the Notice of Default of the Respondent, informing also that:<\/p>\n \"neither the written notice of the Complaint nor the advice of delivery thereof was returned to the Czech Arbitration Court. The CAC is therefore unaware whether the written notice was received by the Respondent or not.<\/em><\/p>\n As far as the e-mail notice is concerned, we received a notification that the e-mail sent to postmaster@mooneyfund.com was returned back as undelivered - (please find the notification enclosed). The e-mail notice was also sent to kolleenemilymartin@gmail.com, but we never received any proof of delivery or notification of undelivery.<\/em><\/p>\n No further e-mail address could be found on the disputed site\"<\/em>.<\/p>\n On the same day (i.e., July 16, 2024 at 10:54), the CAC appointed the undersigned Panelist to render the decision by July 30, 2024.<\/p>\n On July 16, 2024 at 14:57, the Respondent filed a Non-standard communication, asserting, inter alia, that:<\/p>\n \"My name is Kolleen Doucette. Correct address: 461 Ponce De Leon Blvd, Belleair, FL 33756 Apologies for the delay in response. This was originally sent to an old email address, as well as a previous address. [...] In addition, I will be getting my own legal representation involved and aware of this filed suit.\"<\/p>\n On July 17, 2024, the Panel, in virtue of her powers as set forth in paragraph 10 of the Rules, and in particular that:<\/p>\n \"(a) [T]he Panel shall conduct the administrative proceeding in such manner as it considers appropriate in accordance with the Policy and these Rules.<\/em><\/p>\n (b) [I]n all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.<\/em><\/p>\n (c) [T]he Panel shall ensure that the administrative proceeding takes place with due expedition. It may, at the request of a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules or by the Panel\"<\/em>,<\/p>\n to ensure that the Respondent is given a fair opportunity to present her case and that, at the same time, the administrative proceeding takes place with due expedition, issued a Procedural Order, ordering the Respondent to submit her Response in accordance with the Policy, the Rules and the CAC's Supplemental Rules within five (5) calendar days from the date of communication of such order.<\/p>\n The Panel has also pointed out in her Procedural Order, that in case of non-compliance by the Respondent, the Panel would draw such inferences therefrom as she considers appropriate.<\/p>\n Both Parties accessed to the Panel’s Procedural Order on July 17, 2024. However, the CAC has not received neither any reply, nor the Respondent’s Response.<\/p>",
"decision": "Accepted",
"panelists": [
"Ivett Paulovics"
],
"date_of_panel_decision": "2024-07-23 00:00:00",
"informal_english_translation": " The Complainant, trading under the company name Mooney S.p.A., is owner of several trademarks registered worldwide, consisting of the term \"MOONEY\", including but not limited to:<\/p>\n The Complainant is also owner of numerous domain names, including <mooney.it>, <mooney.jp>, <mooney.ar>, <mooney.lu>, <mooney.co.th>, <mooneygo.nl>, <mooneygo.de>, <mooneygo.fi>, <mooneygo.pl>.<\/p>\n The above-mentioned rights are hereinafter referred to as the \"Mooney Trademark\". <\/p>",
"decision_domains": {
"MOONEYFUND.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}\n