{
    "case_number": "CAC-UDRP-106830",
    "time_of_filling": "2024-09-04 09:24:26",
    "domain_names": [
        "paysend.business"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "PaySend Group Limited  "
    ],
    "complainant_representative": "Igor Motsnyi (Motsnyi IP Group (dba Motsnyi Legal))",
    "respondent": [
        "Ishara Lakshan"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant, PaySend Group Limited, is a global FinTech company and a leader in international card-to-card transfers. Since its founding in 2017 it has launched a number of products, including &ldquo;Paysend Global Transfers&rdquo;, &ldquo;Paysend Global Account&rdquo;, &ldquo;Paysend Connect&rdquo;, &ldquo;<strong>Paysend Business<\/strong>&rdquo; and &ldquo;Paysend Libre&rdquo;. It currently serves over 7&nbsp;(seven)&nbsp;MILLION customers and operates in&nbsp;over&nbsp;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>&nbsp;The disputed domain name was registered on 13 August 2024. The disputed domain is &ldquo;Paysend&rdquo; mark plus the &lt;.business&gt; gTLD. On the date of the complaint the disputed domain name does not resolve to an active website.<\/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>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. <br \/>No administratively compliant Response has been filed.<\/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 CAC received a reply to a written notice sent to the physical address of the respondent stating: &ldquo;I have lived at the address below for the last 15 years and can confirm that nobody by the name of Ishara Lakshan has lived here in that&nbsp; me and I do not know anyone of that name.&rdquo;<\/p>\n<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": [
        "Victoria McEvedy"
    ],
    "date_of_panel_decision": "2024-10-14 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of&nbsp;<em>inter alia&nbsp;<\/em>the following trade marks incorporating the &ldquo;Paysend&rdquo; word element:&nbsp;<\/p>\n<ul>\n<li>International TM registration (\"IR\") No.<strong>1284999&nbsp; <\/strong>for &ldquo;PAYSEND&rdquo; (word + device),<strong>&nbsp;<\/strong>registered on 13 October 2015, in&nbsp;<em>inter alia<\/em> 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 class 09 and class 36;<\/li>\n<li>IR No.<strong>1251936&nbsp;<\/strong>&ldquo;PAYSEND&rdquo; (word), registered on 10 April 2015, and subsequently designated in the following jurisdictions: the United States, Armenia, Belarus, Bosnia and Herzegovina, Benelux, Ireland, Hungary, Switzerland, China, Colombia, Spain, Sweden, the UK, Greece, France, India, Italy, Mexico, New Zealand, Poland, Singapore, Turkey, Kazakhstan, Ukraine, Mexico, New Zealand, the African Intellectual Property Organization in class 36+<\/li>\n<li>IR No.&nbsp;<strong>1539382&nbsp;<\/strong>&ldquo;PAYSEND Money for the future&rdquo; (word + device),<strong>&nbsp;<\/strong>registered &nbsp;30 May 2020, and subsequently designated in the following 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), in class 9 and class 36;<\/li>\n<li>R No.&nbsp;<strong>1735950&nbsp;<\/strong>\"PAYSEND Libre\" (word), registered 23 February 2023, and protected&nbsp;<em>inter alia<\/em> in the EU, Switzerland, Australia, the Philippines and Turkey in class 9 and class 36;<\/li>\n<li>The Complainant&nbsp;also owns and operates&nbsp;various domain names&nbsp;(both gTLDS and ccTLDS)&nbsp;incorporating its &ldquo;Paysend&rdquo; trademark, including its main domain &lt;paysend.com&gt;.<\/li>\n<\/ul>",
    "decision_domains": {
        "paysend.business": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}