{
    "case_number": "CAC-UDRP-102131",
    "time_of_filling": "2018-08-20 10:22:40",
    "domain_names": [
        "3shapedesigner.com "
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "3Shape A\/S "
    ],
    "complainant_representative": "BrandIT GmbH",
    "respondent": [
        "Yong Sheng Zhu"
    ],
    "respondent_representative": null,
    "factual_background": "Founded in 2000, the Complainant is a developer & manufacturer of 3D Scanners and CAD\/CAM software solutions for the dental and audio industries with production facilities and offices in China, Europe, Latin America and the USA. The Complainant is the owner of the registered trademark 3SHAPE in several classes in various of countries including China, where the Respondent is located.\r\n\r\nThe disputed domain name was registered on April 30, 2017. Prior to a cease and desist letter to the Respondent from the Complainant in May, 2018, the disputed domain name resolved to a website featuring the following text in the English language:\r\n\r\n“About us\r\n3 Shape (2016) dental designer from China Design Company.  We mainly supply our best design service to the dentall [sic] laboratory in the U.S.A. We are specialized in dental digital design, and providing state-of-art dental CAD\/CAM service…We charge only USD$4 for each tooth...”\r\n\r\nFollowing the Complainant’s cease and desist letter, the disputed domain name does not resolve to a website.  \r\n",
    "other_legal_proceedings": "There are no other legal proceedings related to the disputed domain name. .",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT\r\n\r\nAlthough the Registration Agreement is in Chinese, the language of the proceeding should be English. The disputed domain name is confusingly similar to the Complainant's mark; the Respondent has no rights or legitimate interests with respect to the disputed domain name, which was registered and is being used in bad faith.\r\n\r\n\r\nRESPONDENT \r\n\r\nThe Respondent contends it has a legitimate interest in the disputed domain name, saying (in English): \"We just registered for personal use, and I'm really a 3shape designer, and we used TeamViewer to jump to other companies' computers. Registering this domain name is just for easier remembering. If it is improper, I can give up the domain name.\"  ",
    "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 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.\r\n\r\nAlthough the Registration Agreement is in English, the website to which the disputed domain name resolved prior to the cease and desist letter was in English and the Response was also in English. Accordingly it is appropriate that English be the language of the proceedings.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Alan Limbury"
    ],
    "date_of_panel_decision": "2018-09-28 00:00:00",
    "informal_english_translation": "The Complainant is the registered proprietor of several trademarks comprising or including the word “3SHAPE“ for imaging apparatus for medical and dental purposes, including:\r\n\r\n-\tInternational registration 109 5013 for 3SHAPECOMMUNICATE, registered on August 3, 2011 in Class 9, designating China;\r\n\r\n-\tUnited States registration 5130811 for 3SHAPE, registered on January 31, 2017 in International Class 10;\r\n\r\n-\tTaiwan registration No. 1658565 for 3SHAPE, registered on August 1, 2014 in International Classes 9 and 42.\r\n",
    "decision_domains": {
        "3SHAPEDESIGNER.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}