{
    "case_number": "CAC-UDRP-101511",
    "time_of_filling": "2017-04-18 13:20:12",
    "domain_names": [
        "ecodenta.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        " UAB \"BIOK laboratorija\""
    ],
    "complainant_representative": null,
    "respondent": [
        "ISMAIL DURBAL"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a beauty nourishment products company based in Lithuania. The Complainant offers under one of its brands, “ecodenta” cosmetic products. The Complainant exports these products into EU and non EU countries. Therefore the Complainant registered the ecodenta.lt domain name and ecodenta trademarks as well (LT word No. 65046, EM No. 011220167 and IR No. 1215894).\r\n\r\nThe Respondent claimed representation of the Complainant in Turkey. The Respondent registered the disputed domain name. He uses the disputed domain for commercial purposes. He offers purchase of ”ecodenta” products in Turkish language. The Complainant denied a commercial relationship with the Respondent. \r\n\r\nThe Complainant, filed a complaint against the Respondent claiming that the Respondent registered the disputed domain name without rights or legitimate interest and in bad faith. Therefore the registration should be declared abusive and the disputed domain name transferred to the Complainant.\r\n\r\nReference was made also to:\r\n\r\n- WIPO case No. D2000-0226, Parfums Dior vs. Javier G. Quintas <christiandior.net>\r\n- WIPO case No. D2000-0163, Veuve Cliquot Ponsardin vs. The polygenix Gro Co.\r\n- WIPO Case No. D2001-0781, Fortuneo v. Johann Guinebert\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nComplainant principally makes the following assertions:\r\n\r\nThe Complainant, UAB \"BIOK laboratorija\", is one of Lithuania’s largest and most advanced beauty nourishment products manufacturer. The Complainant develops beauty nourishment products by utilizing the best resources of nature and the most innovative ingredients of cosmetics. The constantly renewed and modernized laboratory employs experts in different fields: biologists, chemists and cosmetologists. That is why the products developed and manufactured by the Complainant meet consumers’ highest expectations and are highly valued by dermatologists and experts in cosmetics. The Complainant currently manages 5 brands: Margarita, Rasa, Aras, Ecodenta and BIOK Dermatology. Customers can choose from more than 170 different products — face and body creams, cosmetic milks, tonics, shampoos, shower gels, deodorants and oral care products. The company successfully exports its products to the United Kingdom, Italy, Sweden, the Baltic States, Ukraine and Poland.\r\n\r\nIt has become to the Complainant’s attention that there is a website with the domain name <ecodenta.com>, the subject of this Complaint.\r\n\r\nThe use of the disputed domain name is confusing in that it violates the Complainant‘s trademark rights to the “ecodenta” mark as well as right to the domain name ecodenta.lt.\r\n\r\nThe administrative and technical contact listed in the WHOIS database is FBS INC (Domain Admin ContactID 2466355), who is operating the disputed domain name under the name of the Respondent.\r\n\r\nUAB “BIOK laboratorija” has not given FBS INC (Domain Admin ContactID 2466355) or the Respondent any authority to operate under the name “ecodenta” and has not given any authority to operate, maintain, or register a website in its name. \r\n\r\nRESPONDENT:\r\n\r\nThe Respondent argued to the Complainant‘s contentions. \r\n\r\nThe Respondent asserts that the export manager of the Complainant has allowed the Respondent to advertise the website www.ecodenta.com. However, this contention does neither explain the possession of the disputed domain name itself nor a legitimate interest, whatsoever. The Respondent failed in showing evidence concerning a license agreement or some other legal document providing the Respondent with a right to use the Complainant’s trademark.\r\n",
    "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).",
    "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).",
    "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).",
    "procedural_factors": "The Registration Agreement for the disputed domain name is in Turkish, however the Complainant asked for the change of the language of the proceedings in the Complaint. As the Respondent filed the Response and expressed no objection to usage of English in the proceeding, and the Response itself was filed in very good level of English, the Panel agrees the language of the proceeding to be English.\r\n\r\nThe Panel is otherwise satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Dr. jur. Harald von Herget"
    ],
    "date_of_panel_decision": "2017-06-06 00:00:00",
    "informal_english_translation": "The Complainant provided evidence that it owns a Lithuanian trademark word: “ecodenta”, No. 65046 (registered on April 18, 2012) which is registered and used for goods in the class 3 (Nice classification) and a figurative EM-Trademark “ecodenta”, no. 011220167 (registered on March 21, 2013) as well as a WO-Trademark no. 1215894 (registered on July 7, 2014). The Complainant also provided evidence that it owns a “.lt” domain name “ecodenta” (registered on September 8, 2014).",
    "decision_domains": {
        "ECODENTA.COM": "TRANSFERRED"
    }
}