{
    "case_number": "CAC-UDRP-101541",
    "time_of_filling": "2017-06-19 09:28:31",
    "domain_names": [
        "kalmarparts.com",
        "kalmaryedekparca.net"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Cargotec Patenter AB"
    ],
    "complainant_representative": "Berggren Oy",
    "respondent": [
        "Zafer Akbilmez"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, Cargotec, is a leading provider of various lifting, loading and unloading machines, devices and equipment for use in cargo and load handling purposes. One of Cargotec's three main business units is Kalmar, which provides cargo handling equipment, automation, software and services to ports, terminals, distribution centres and other operators in heavy industry. The company name and the trademark “KALMAR” was established in 1973, when LMV and Ljungbytruck were merged into one to form Kalmar LMV in Sweden. The first “KALMAR” trademark was registered in 1987 in Sweden, and the trademark “KALMAR” has ever since been an integral part of the promotion, marketing and sale of Complainant’s products.\r\n\r\nThe Complainant first contacted the Respondent in May\/June 2015 after receiving information that the Respondent had filed a trademark application for the mark “CARGOTEC” in Turkey for services in international class 35. The Respondent is the parts manager of a Turkish company called Toyota Istif Makineleri A.S., which has been a reseller and Turkish Kalmar dealer of the Complainant’s Kalmar business unit. The Complainant proposed an amicable settlement of this dispute, and thereafter the Respondent and Toyota Istif Makineleri A.S. agreed to transfer the Turkish trademark registration to the Complainant. This case was later settled. In February 2016 the Complainant learned that the Respondent had also registered the domain name <cargotec.com.tr> on November 21, 2014. A separate dispute regarding this Turkish domain name is still pending. The Complainant contends that it is therefore obvious that the Respondent knows the Complainant and its business unit Kalmar. \r\n\r\nThe Complainant has not granted any license or other rights to the Respondent to use any of its trademarks or domains. The use and registration of the disputed domain names has not been authorized by the Complainant. \r\n\r\nThe Complainant finally contends that the Respondent has registered the disputed domain names to disrupt the Complainant’s business, and has not shown any willingness to cooperate concerning his domain name registrations.\r\n\r\nThe disputed domain names do not resolve to active websites.",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings which relate to the disputed domain names.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain names are 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 that the Respondent has no rights or legitimate interests in respect of the disputed domain names (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 names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).",
    "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.",
    "decision": "Accepted",
    "panelists": [
        "Dr. Thomas Schafft"
    ],
    "date_of_panel_decision": "2017-08-21 00:00:00",
    "informal_english_translation": "The Complainant is the owner of various \"KALMAR\" trademarks, including the international trademark registration no. 1019668, registered on August 8, 2009 for numerous goods and services in International classes 06, 07, 09, 12, 37, 39, and 42 (hereinafter the “trademark“). The Respondent’s home country Turkey is one of the countries covered by this international trademark registration.\r\n\r\nThe disputed domain names were registered on March 21, 2017 (kalmarparts.com) and March 2, 2017 (kalmaryedekparca.net), respectively, i.e. the Complainant’s trademark predates the registration of the disputed domain names.",
    "decision_domains": {
        "KALMARPARTS.COM": "TRANSFERRED",
        "KALMARYEDEKPARCA.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}