{ "case_number": "CAC-UDRP-102581", "time_of_filling": "2019-07-23 10:00:18", "domain_names": [ "swisskron.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "SWISS KRONO Tec AG" ], "complainant_representative": "Convey srl", "respondent": [ "William Carter" ], "respondent_representative": null, "factual_background": "The Complainant is SWISS KRONO Tec AG, a branch of SWISS KRONO Group a Swiss company founded in 1966 by Ernst Kaindl, an Austrian entrepreneur, and headquartered in Lucerne, Switzerland. \r\n\r\nSince then, the company has been growing continuously and constantly expanding its portfolio. In the 80s, the production started expanding in France, Germany, Poland and the US. At the turn of the millennium the first plant in Ukraine was added, followed by two more in the following years. With the recent openings of the subsidiaries in Russia and in Hungary, SWISS KRONO Group has become one of the world’s leading manufacturers of wood-based materials and in 2016 the Group celebrates its 50th anniversary with 10 plants worldwide in 8 countries and a turnover of 1.8 billion US dollars.\r\n\r\nNowadays, SWISS KRONO Group is the world’s leading manufacturer of engineered wood products and the global market leader in the area of laminate flooring, products for timber construction as well as for decorative furniture and interior fittings.\r\nThe Complainant is the owner of the trademark \"SWISS KRONO\" protected in many countries.\r\n\r\nIn addition, in order to protect and promote its trademark in the Internet, Complainant registered various domain names consisting of the wording “SWISS KRONO”. In particular, the official website www.swisskrono.com generates a significant number of visits by Internet users every day.\r\n\r\nThe Complainant informs that the disputed domain name was registered on October 1, 2018 and that it is redirected to a website dedicated to the Complainant’s Ukrainian branch.\r\n\r\nWhen the Complainant became aware of the Respondent’s registration and use of the domain name in dispute, it instructed its representative to address to the owner of said domain name a cease and desist letter in order to notify it of the infringement of the Complainant’s trademark rights, requesting the immediate cease of any use, and the transfer of, the disputed domain name to the Complainant.\r\n\r\nA cease and desist letter was therefore sent, on July 15, 2019 by e-mail to the Respondent’s known e-mail addresses indicated in the Whois record; the Respondent did not deem to reply to the cease and desist letter.\r\n\r\nIn light of the absence of the reply, the Complainant instructed its representative to file the complaint in order to obtain the transfer of the disputed domain name under its ownership and control.\r\n\r\nActually, according to the Complainant, the disputed domain name is confusingly similar to the trademark \"SWISS KRONO\" in which the Complainant has rights since the disputed domain name fully incorporates the Complainant’s trademark, except for the letter “o”.\r\n\r\nAdditionally, the Complainant states that (i) it is not in possession of, nor aware of the existence of, any evidence demonstrating that the Respondent might be commonly known by the domain name in dispute or by a name corresponding to the disputed domain name as an individual, business, or other organization and (ii) the Respondent is not an authorized dealer of the Complainant nor has ever been authorized by the Complainant to use the trademark \"SWISS KRONO\" in the disputed domain name.\r\n\r\nRather, the Complainant contends that the Respondent has registered and is using the disputed domain name to pass off as the owner of the trademark \"SWISS KRONO\", since (i) the disputed domain name is connected to a website dedicated to the Ukrainian branch of the Complainant (ii) said website is presented as the official website of \"SWISSKRONO UKRAINE\" and (iii) in the above website both the word trademark and the figurative trademark of the Complainant are reproduced. \r\n\r\nThe Complainant also emphasizes that (i) it has a strong business in Ukraine and for this reason the same Complainant has registered the domain name on March 16, 2017 to redirect it to the active website www.swisskrono.ua fully dedicated to its three Ukrainian branches which employ almost 800 employees and (ii) in the website corresponding to the domain name in dispute the Respondent has indicated the true address of Complainant’s plant of the Lviv Region associated to the Respondent e-mail contacts swisskronoo@gmail.com and help@swisskron.com in order to pass off as the Complainant and prima facie to obtain advantages by receiving e-mail and orders from Complainant clients. \r\n\r\nThe Complainant also notes that, with the aim of passing off its website as the Complainant's website, the Respondent has used, in the website corresponding to the domain name in dispute, the Complainant’s trademarks and an imagine of the Complainant’s headquarter together with the disclaimer “SWISS KRONO UKRAINE – OFFICIAL WEBSITE”.\r\n\r\nTherefore, according to the Complainant, the Respondent's purpose is to capitalize on the reputation of the Complainant's trademark by diverting Internet users seeking \"SWISS KRONO\" products to its own websites for financial gain, by intentionally creating a likelihood of confusion with the Complainant's trademarks as to the source, sponsorship, affiliation, or endorsement of its websites and\/or the goods offered or promoted through said websites.", "other_legal_proceedings": "The Panel is not aware of any other proceedings, pending or decided, 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": "2019-08-19 00:00:00", "informal_english_translation": "The Complainant is the owner of numerous trademark registrations consisting of or including the wording \"SWISS KRONO\" and, in particular:\r\n\r\n- Swiss Trademark Registration No. 696970 \"SWISS KRONO\" (device), filed on December 19, 2016 in classes 35, 36, 37, 40, 42 and 44.\r\n\r\n- Swiss Trademark Registration No. 696971 \"SWISS KRONO\" (device), filed on December 19, 2016 in classes 35, 36, 37, 40, 42 and 44.\r\n\r\n- Swiss Trademark Registration No. 696981 \"SWISS KRONO\", filed on December 19, 2016 in classes 35, 36, 37, 40, 42 and 44.\r\n\r\n- International Trademark Registration No. 1332846 \"SWISS KRONO\" of June 7, 2016 in classes 1, 2, 16, 17, 19, 20, 27, 35, 36, 37, 40 and 42 (designating many countries including Ukraine - Respondent's country).\r\n\r\n- International Trademark Registration No. 1332843 \"SWISS KRONO\" (device) of June 7, 2016 in classes 1, 2, 16, 17, 19, 20, 27, 35, 36, 37, 40 and 42 (designating many countries including Ukraine - Respondent's country).\r\n\r\n\r\n\r\n", "decision_domains": { "SWISSKRON.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }