Decisión del Panel Administrativo nº D2021-2603 of WIPO Arbitration and Mediation Center, October 15, 2021 (case Klarna Bank AB v. Dorin Keith)
| Resolution Date | October 15, 2021 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Transfer |
| Dominio | Generic Domains |
The Complainant is Klarna Bank AB, Sweden, represented by SILKA AB, Sweden.
The Respondent is Dorin Keith, United States of America (“United States”).
The disputed domain name [klarnapreipo.com] is registered with GoDaddy.com, LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on August 10, 2021. On the same day, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 11, 2021, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint.
The Center sent an email communication to the Complainant on August 12, 2021 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on August 17, 2021.
The Center verified that the Complaint together with the amendment to 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 August 18, 2021. In accordance with the Rules, paragraph 5, the due date for Response was September 7, 2021. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on September 13, 2021.
The Center appointed Dr. Clive N.A. Trotman as the sole panelist in this matter on September 16, 2021. 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.
The Respondent sent an informal email to the Center on September 15, 2021, which was acknowledged on September 17, 2021 and forwarded to the Panel. On September 20, 2021 the Complainant wrote asking about the possibility of suspending the proceeding, again on September 24 and 30 regarding settlement, on October 6, 2021 requesting more time to settle, and then finally on October 13, 2021 requesting reinstitution of the proceeding.
The Complainant, founded in 2005, is a financial institution. It specialises in, among other things, the provision of facilities enabling consumers to pay for purchased goods and services over a period of time (also referred to as a “Buy Now, Pay Later” scheme). The scale of the Complainant is illustrated by its having 3,500 employees and operating in 18 countries in Europe, Scandinavia, North America, and the Southern Hemisphere.
In early 2021, the Complainant announced plans to make a future Initial Public Offering (“IPO”) of shares to be listed on the London Stock Exchange.
The Complainant has a number of registered trademarks for KLARNA, of which the following are sufficiently representative for the purposes of the present proceeding:
KLARNA, word mark, United States Patent and Trademark Office (USPTO), registered August 12, 2014, registration number 4582346, in classes 35, 36, 42, and 45;
KLARNA, word mark, USPTO, registered February 24, 2015, registration number 4690489, in class 39;
KLARNA, word mark, International Trademark, registered December 21, 2010, registration number 1066079, in classes 35 and 36;
K., in stylised form, word mark, USPTO, registered April 30, 2019, registration number 5736403, in classes 35, 36, 39,42, and 45.
The Complainant also owns 19 domain names incorporating its trademark, apart from at least another 31 domain names incorporating its trademark received by transfer through previous proceedings under the Policy.
The Complainant is also represented on the social media, namely, Facebook, Twitter, and Instagram.
The Respondent has not provided any background information. All that is known about the Respondent is the contact information provided to the Registrar for the purpose of registration of the disputed domain name, which resolves to a website (the “Respondent’s website”) in the nature of financial services, and the information provided on that website.
The Complainant contends that the disputed...
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