{
    "case_number": "CAC-UDRP-102427",
    "time_of_filling": "2019-04-04 15:40:03",
    "domain_names": [
        "hkscangroup.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "HKScan Oyj"
    ],
    "complainant_representative": "Berggren Oy",
    "respondent": [
        "Sergey Druzhchenko"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThis Complaint is based on the following Factual and Legal Grounds:\r\n\r\nThe Complainant, HKScan Oyj is a Finnish food manufacturer. It is the leading Nordic food company with over a hundred years' experience in meat production and processing of raw materials. HKScan Oyj is based in Turku, Finland, and it has subsidiary companies in Finland, Sweden, Denmark, Estonia, Latvia and Lithuania. HKScan Oyj has 7200 employees and it exports products to almost 50 countries. In addition to meat and food products, the Complainant´s product range includes also ready meals.\r\n\r\nThe disputed domain name <hkscangroup.com> was registered on 20 February 2019 and is held by the Respondent. \r\n\r\nThe domain name website (i.e. website available under internet address containing the disputed domain name) is currently not used and has no content available to public (i.e. the disputed domain name is not currently associated with any active website).\r\n\r\nThe Complainant seeks transfer of the disputed domain name to Complainant. \r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the disputed domain name.",
    "no_response_filed": "COMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\nThe Complainant states that: \r\n\r\n- \tThe disputed domain name contains the distinctive “HKSCAN” word element, and it is thus almost identical (i.e. confusingly similar) to Complainant’s trademarks.\r\n\r\n- \tThe addition of the term “GROUP” (for “group of companies”) is not sufficient to escape the finding that the disputed domain name is confusingly similar to Complainant's trademarks as it does not prevent the likelihood of confusion between the disputed domain name and the Complainant, Complainant's trademarks and its business.\r\n\r\n-\tThe disputed domain is also identical to the name used by the HKScan corporate group.\t\r\nThus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain name is clearly established.\r\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\nThe Complainant states that:\r\n\r\n-\tThe Respondent has not been commonly known by the disputed domain name. \r\n\r\n-\tThe Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain name.\r\n\r\n-\tThe Respondent has used e-mail account hkscangroup.com to contact other food companies with Complainant’s HKSCAN logo in order to purchase meat products. This makes it clear that the Respondent was intentionally trying to gain commercial profit from the use and registration of the disputed domain name.\r\n\r\n-\tFurthermore, the domain name website has been during since Complainant's notification about Respondent's fraudulent activities (see above) inactive, which implies that there is no Respondent’s intention to use the disputed domain name for legitimate purposes.\r\n \r\n\r\nBAD FAITH REGISTRATION AND USE\r\n\r\nThe Complainant states that:\r\n\r\n-\tThe disputed domain name has been registered and used in bad faith. The purpose of the use and registration of the domain name has clearly been, inter alia, to use it for e-mails purchasing meat products from Europe, and to cause disruption to the Complainant’s business.\r\n\r\n-\tThe purpose of the use and registration of the disputed domain has been, inter alia, an intentional attempt to attract, for commercial gain, companies by creating a likelihood of confusion with the Complainant’s trademarks and its company name.\r\n\t\r\n-\tAs the Respondent seems to be doing business in the meat product industry, it is thus a competitor of the Complainant. The Respondent seems to be well aware of the Complainant’s business in general as well as the existing company name, trademark rights and domain names as they have used Complainant’s contact information, business information and company HKSCAN logo in their fake e-mails. \r\n\r\n\r\n\r\nThe Complainant presents the following evidence which has been assessed by the Panel:\r\n\r\n-\tInformation about the Complainant and its business;\r\n-\tCopies of the correspondence made by Respondent; \r\n-\tExcerpt from WHOIS database regarding disputed domain name;\r\n-\tScreenshots of relevant websites;\r\n-\tExcerpts from trademark databases and companies registers.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent has not provided any response to the complaint.\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": [
        "JUDr. Jiří Čermák"
    ],
    "date_of_panel_decision": "2019-05-13 00:00:00",
    "informal_english_translation": "The Complainant is, inter alia, a registered owner of the following trademark containing a word element \"HKScan”:\r\n\r\n(i)\tHKScan (word), EU Trademark, priority date 02 March 2016, registration date 14 June 2016, trademark application no. 015171457, registered for goods in class 32;\r\n(i)\tHKScan (word), International registration (WIPO), priority date 17 November 2006, trademark registration no. 908520, registered for goods classes 29, 30 and 35.\r\n\r\nbesides other  trademarks consisting of the \" HKScan\" denominations.\r\n(collectively referred to as \"Complainant's trademarks\").\r\n\r\nThe word element \"HKScan\" is also a part of Complainant's registered company name of HKScan Oyj (Company ID 0111425-3) and various other companies affiliated with the Complainant. \r\n\r\nThe Complainant has also registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term “HKScan”.\r\n",
    "decision_domains": {
        "HKSCANGROUP.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}