{ "case_number": "CAC-UDRP-102173", "time_of_filling": "2019-01-21 09:43:43", "domain_names": [ "3shapetaiwan.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "3Shape A\/S" ], "complainant_representative": "BrandIT GmbH", "respondent": [ "Sparta Polis Hosting" ], "respondent_representative": null, "factual_background": "3Shape A\/S (the \"Complainant\") was founded by two graduate students in Denmark’s capital in the year 2000.\r\n\r\nThe Complainant is changing dentistry together with dental professionals across the world by developing innovations that provide superior dental care for patients. Complainant’s portfolio of 3D scanners and CAD\/CAM software solutions for the dental industry includes the multiple award-winning 3Shape TRIOS intraoral scanner, the upcoming 3Shape X1 CBCT scanner, and market leading scanning and design software solutions for dental labs. These products and innovations continue to challenge traditional methods, enabling dental professionals to treat more patients more effectively.\r\n\r\nToday, the Complainant has over 1,200 employees serving customers in over 100 countries from an ever-growing number of Complainant’s offices around the world.\r\n\r\nThe Complainant has a strong presence in China where the Respondent is located. Actually the Complainant’s Sale and Academy are operated through local implementations in China.\r\n\r\nThe Complainant has proved to be the owner of different trademarks consisting of or including \"3SHAPE\" in several classes and in numerous countries. \r\n\r\nThe Complainant informs that due to extensive use, advertising and revenue associated with its trademarks worldwide, the Complainant enjoys a high degree of renown around the world, including in China, where the Respondent is located. \r\n\r\nThe Complainant has registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term “3SHAPE”, for example, <3shape.com> and <3shape.com.cn>. \r\n\r\nThe Complainant uses these domain names to connect to a website through which it informs potential customers about its 3SHAPE mark and its products and services. \r\n\r\nThe Complainant submits that the disputed domain name was registered only on June 1, 2018 and that it is confusingly similar to the Complainant's older trademarks since it directly and entirely incorporates Complainant’s trademark \"3SHAPE\" coupled with the English word “Taiwan” which is a mere geographical indication. \r\n\r\nFurthermore, it is the Complainant's view that the Respondent has no rights or legitimate interests in respect of the disputed domain name since the Complainant has never granted the Respondent any right to use the \"3SHAPE\" trademark within the disputed domain name, nor is the Respondent affiliated to the Complainant in any form. The Complainant also contends that the Respondent is not commonly known by the disputed domain name and that it has no interest over the disputed domain name. \r\n\r\nIn addition, the Complainant highlights that Complainant’s trademarks predate the registration of the disputed domain name and that the active business presence of the Complainant in China market shows that it is unlikely that the Respondent was not aware of the unlawful registration of the disputed domain name. The Complainant also notes that the Respondent has associated the disputed domain name with an active but parked website and that said domain name has never been used in connection with a bona fide offer of products or services. It is also outlined by the Complainant that the Respondent has been using privacy shield to conceal its identity.\r\n\r\nFinally, the Complainant informs that 3Shape A\/S tried to contact the Respondent on July 23, 2018 through a cease-and-desist letter but it seems that the Respondent has simply disregarded the communication from the Complainant including the remainders sent on August 3, 2018 and August 28, 2018.", "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 name.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\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 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": [ "Avv. Guido Maffei" ], "date_of_panel_decision": "2019-02-25 00:00:00", "informal_english_translation": "The Complainant is the owner of several trademarks. In particular, 3Shape A\/S owns:\r\n\r\n(i) the International Registration No. 1095013 \"3SHAPE COMMUNICATE\" registered on August 3, 2011 for class 9.\r\n\r\n(ii) the International Registration No. 1271231 \"3SHAPE\" registered on August 31, 2015 for class 10.\r\n\r\n(iii) the International Registration No. 1142176 \"3SHAPE\" registered on October 15, 2012 for classes 9 and 42.\r\n\r\nThe above trademarks are protected in many countries. The trademark listed sub (i) is protected also in China where the Respondent is located\r\n", "decision_domains": { "3SHAPETAIWAN.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }