{
    "case_number": "CAC-UDRP-101570",
    "time_of_filling": "2017-06-19 09:26:14",
    "domain_names": [
        "kalmarparts.net",
        "kalmarspareparts.net",
        "kalmarturkiye.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Cargotec Patenter AB"
    ],
    "complainant_representative": "Berggren Oy",
    "respondent": [
        "Privatewhois biz"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a provider of various lifting, loading and unloading machines, devices and equipment for use in cargo and load handling purposes. The Complainant is present in more than 100 countries around the world. One of the Complainant's three main business units is Kalmar, which provides cargo handling equipment, automation, software and services to ports, terminals, distribution centers and other operators in heavy industry. The first KALMAR trademark was registered in 1987 in Sweden.\r\n\r\n The disputed domain names have previously been registered in the name of a person, which is a parts manager of a company doing close business with the Complainant in Turkey. The Complainant first contacted him in May\/June 2015 after receiving information that he had filed a trademark application for the mark CARGOTEC in Turkey for services in international class 35. Later on, the same person had registered the disputed domain names. Before filing the Complaint, the Complainant noticed that the Respondent information of the disputed domain names had changed into a privacy service.  ",
    "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 names.",
    "no_response_filed": "PARTIES' CONTENTIONS\r\n\r\nCOMPLAINANT\r\n\r\nThe Complainant contends that the disputed domain names are confusingly similar to the Complainant's Trademark.\r\n\r\n Furthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain names. In this regard, the Complainant states that it has not granted the Respondent any license or other rights to use any of its trademarks or domains, that the use and registration of the disputed domain names has not been authorized by the Complainant and that the Complainant does not approve of the use and registration of the disputed domains.\r\n\r\nFinally, the Complainant contends that the disputed domain names were registered and have been used in bad faith. In this regard, the Complainant contends that the purpose of the use and registration of the disputed domain names must have been to cause disruption to the Complainant’s business and that paragraph 4(a)(iii) of the Policy applies.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown 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 the Respondent to have 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 not 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": "Rejected",
    "panelists": [
        "Peter Müller"
    ],
    "date_of_panel_decision": "2017-08-23 00:00:00",
    "informal_english_translation": "The Complainant is inter alia the owner of the International trademark registration no. 1019668 KALMAR, registered on August 18, 2009 (hereinafter referred to as the “Trademark“) The Trademark registration covers various goods and services in classes 6, 7, 9, 12, 37, 39, and 42, and enjoys protection in Turkey, where the Respondent is located.",
    "decision_domains": {
        "KALMARPARTS.NET": "REJECTED",
        "KALMARSPAREPARTS.NET": "REJECTED",
        "KALMARTURKIYE.COM": "REJECTED"
    },
    "panelist": null,
    "panellists_text": null
}