WIPO Domain Name Decision D2018-1928 for klarnascam.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Klarna Bank AB v. Super Privacy Service LTD c/o Dynadot Case No. D2018-1928 1. The Parties
The Complainant is Klarna Bank AB of Stockholm, Sweden, represented by SILKA Law AB, Sweden.
The Respondent is Super Privacy Service LTD c/o Dynadot of San Mateo, California, United States of America (“United States”). 2. The Domain Name and Registrar
The disputed domain name is registered with Dynadot, LLC (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 24, 2018. On August 24, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 26, 2018, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on September 5, 2018. In accordance with the Rules, paragraph 5, the due date for Response was September 25, 2018. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 26, 2018.
The Center appointed Anne-Virginie La Spada as the sole panelist in this matter on October 17, 2018. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background
The Complainant, founded in 2005, is a Swedish bank that provides online financial services such as payment solutions for online stores. According to its website, it provides today payment solutions for 60 million consumers across 70,000 merchants in 18 countries.
The Complainant owns a number of trademark registrations for the mark KLARNA, with or without graphic elements. For instance, the Complainant holds a European Union (“EU”) Trade Mark registration for the word mark KLARNA no. 010844462 (registered on September 24, 2012) in classes 35, 36, 42 and 45, and a United States Trade Mark registration for the word mark KLARNA no. 79138646 (registered on August 12, 2014) in classes 35, 36, 42 and 45.
The disputed domain name was registered on December 8, 2017.
The disputed domain name resolved to a website featuring sponsored links (entitled for example “email scam”, “fake email” or “call scam”) to sites that presumably provide information on “fake” or “scam” operations.
The Complainant sent a letter to the Respondent on April 17, 2018, demanding that the Respondent cease using the disputed domain name and transfer it to the Complainant. The Respondent did not reply to such letter. 5. Parties’ Contentions A. Complainant
The Complainant contends that the term “scam” does not sufficiently distinguish the disputed domain name from the Complainant’s trademark, and that disputed domain name is confusingly similar to its trademark KLARNA.
The Complainant further contends that Respondent is not known by the disputed domain name, and remarks that the Respondent has not claimed to have any relevant prior rights to the disputed domain name or to make a legitimate noncommercial fair use of it. According to the Complainant, using a domain name parking service is not illegitimate per se, but linking a domain name to such a service, with a trademark owner’s name in mind, in the expectation that Internet users searching for information about the activities of the trademark owner will be directed to that parking space does not provide legitimate interests to the domain name. The Complainant accordingly