www.moanasoftware.com<\/a>, competitor of the Complainant.<\/p>\nThe Management Director of the Respondent is a former shareholder of the Complainant who left the Company on May 27, 2020.<\/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<\/p>\n
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 Complainant suggest that none of the scenarios depicted in paragraph 4(c) of the Policy applies. Besides, the Respondent is a direct competitor of the Complainant since both parties work in the same field.<\/p>\n
The Complainant highlights that the Respondent registered the disputed domain name only after the Respondent´s managing partner left the Complainant´s in an attempt to prevent the latter from reflecting the disputed domain name in a corresponding website. Further, the Complainant alleges that the Respondent asked for a price of transfer of 30.000 US dollar.<\/p>\n
The Complainant also asserts that the Respondent is trying to disturb its business or to intentionally to attract for commercial gain, internet users to the Respondent´s site.<\/p>\n
The Respondent<\/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>",
"decision": "Accepted",
"panelists": [
"Manuel Moreno-Torres"
],
"date_of_panel_decision": "2025-04-01 00:00:00",
"informal_english_translation": "
The Complainant is the holder of Hungarian trademark registered by the HIPO under Reg No 245846 SUN CITY SOFTWARE filed on December 23, 2024 and registered on February 14, 2025.<\/p>\n
The Complainant has shown unregistered trademark rights for SUN CITY SOFTWARE. The Panel notes that the evidence provided by the Complainant is limited but strong enough to support a finding of unregistered mark. Indeed, according to WaybackMachine snapshots the Complainant has shown continuous website use since 2010 up to the present time. Likewise, its use by the official Microsoft website enhances its feature as a trademark. Further, the redirection of the disputed domain name to the Respondent´s website is a key factor to acknowledge the mark to have achieved significance as a source of identifier.<\/p>",
"decision_domains": {
"suncitysoftware.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}