{ "case_number": "CAC-UDRP-109031", "time_of_filling": "2026-09-30 09:58:34", "domain_names": [ "coinfinity.cc" ], "case_administrator": "Olga Slanařová (Case admin)", "complainant": [ "Coinfinity GmbH" ], "complainant_representative": null, "respondent": [ "Omar Gustav" ], "respondent_representative": null, "factual_background": "

As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:<\/span><\/p>\n

(a) The Complainant, based in Graz, Austria, i<\/span>s a broker in bitcoin and a provider of crypto-asset services. The Complainant is authorised by the Austrian Financial Market Authority (Finanzmarktaufsicht, FMA) as a crypto-asset service provider under Regulation (EU) 2023\/1114 (MiCAR); <\/span><\/p>\n

(b) The Complainant is the owner of Complainant's Trademark; and<\/span><\/p>\n

(b) <\/span>The disputed domain name is delegated to the nameservers keenan.ns.cloudflare.com and nicole.ns.cloudflare.com and resolves, behind the Cloudflare reverse proxy, to an active website where the Respondent operates a fully developed commercial trading platform using the designation \"CoinFinity\". The page title is \"CoinFinity - Consider any opportunity with a leading platform\". The site advertises trading in digital currencies, foreign exchange, commodities, shares and indices, displays a live price ticker for Bitcoin, Ethereum and Tether, and offers five managed account classes with deposits from EUR 10,000 to over EUR 250,000 at stated commissions of 6 to 15 per cent. It maintains a customer registration form collecting name, address, telephone number and email address, a sign-in area, a customer portal at client.coinfinity.cc, and payment routes by wire transfer and e-wallet.<\/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

\n
\n
\n
\n
\n
\n

In addition to the above factual assertions, the Complainant also contends the following:<\/span><\/p>\n

(i) <\/span><\/b>The disputed domain name is identical to Complainant's Trademark;<\/p>\n

(ii) The Complainant has established a <\/span>prima facie<\/em> case that the Respondent lacks rights or legitimate interests in respect of the disputed domain name shifting the burden of proof to the Respondent. The disputed domain name is not used in connection with a <\/span>bona fide<\/em> offering of goods or services under paragraph 4(c)(i) of the Policy because it trades directly on consumer confusion in the crypto-asset and financial services sector, lacks required European Union regulatory authorizations to solicit deposits and manage investments, and conceals all operator identity and contact details (including a broken \/contact-us page). This is further evidenced by demonstrably false marketing claims such as ten years of market leadership and stringent security, contradicted by the domain’s recent registration in March 2026, the absence of basic DNS security mechanisms (DMARC, CAA, DNSSEC), and conflicting deposit thresholds. Furthermore, the Respondent is not commonly known by the name \"Coinfinity\", has operated behind a privacy proxy without any registered corporate or trademark presence, and the purely commercial nature of the Respondent's website excludes any non-commercial or fair use defense under paragraph 4(c)(iii) of the Policy<\/span>; and<\/p>\n

(iii) The Respondent registered and has been using the domain name in bad faith pursuant to paragraph 4(b)(iv) of the Policy by intentionally attempting to attract internet users for commercial gain by creating a likelihood of confusion with the Complainant's Trademark in complete overlap of services provided through the disputed domain name with those of the Complainant (crypto-asset and foreign exchange trading). Given that \"Coinfinity\" is a coined, non-dictionary term registered as Complainant's Trademark more than eight years before the date of registration of the disputed domain name, prior knowledge of Complainant's Trademark by the Respondent is the only plausible inference. Bad faith is further evidenced by the deliberate concealment of the registrant's identity behind privacy services while soliciting public deposits, the configuration of mail server records (MX and SPF without DMARC) facilitating potential impersonation, and the willful continuation of the infringing website even after receiving notice of the infringement, including formal notification under <\/span>Article 16 of Regulation (EU) 2022\/2065<\/a> forwarded via Cloudflare to the hosting provider.<\/span><\/p>\n

For these reasons, the Complainant seeks transfer of the disputed domain name to the Complainant.<\/p>\n

THE RESPONDENT:

The Respondent did not provide any response to the complaint.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>", "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 <\/span>within the meaning of paragraph 4(a)(i) of the Uniform Domain Name Dispute Resolution Policy (\"UDRP<\/strong>\" or \"Policy<\/strong>\").<\/span><\/p>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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": [ "Michal Matějka" ], "date_of_panel_decision": "2026-11-05 00:00:00", "informal_english_translation": "

The Complainant is the owner of EU trademark \"Coinfinity\", EUIPO registration number 017553702, filed on 1 December 2017, registered on 28 May 2018 for goods and services in Nice classes 9, 35, 36, 41 and 42 (\"Complainant's Trademark<\/strong>\"). The services in class 36 cover the Complainant's core business of financial and crypto-asset services.<\/span><\/p>\n

The disputed domain name <coinfinity.cc> was registered on 9 March 2026.<\/span><\/p>", "decision_domains": { "coinfinity.cc": "TRANSFERRED" }, "panelist": null, "panellists_text": null }