{
    "case_number": "CAC-UDRP-103158",
    "time_of_filling": "2020-07-14 13:27:54",
    "domain_names": [
        "3shapelab.icu"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "3Shape A\/S"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Dong Hu"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a Danish producer of 3D scanners and a particular software design solution for dental and hearing industries, founded in 2000. Today, with more that 1500 employees in almost 20 countries, the Complainant is considered one of the significant global market players in the field. Since the opening of new offices in Shanghai in 2009, the Complainant is operating in Asian market – where the Respondent resides.\r\n\r\nPart of the Complainant’s business concerns the digitalization of dental laboratories’ work through implementation of the Complainant’s computer aided design and manufacturing system.\r\n\r\nThe disputed domain name <3shapelab.icu> was registered after the Complainant’s trademarks referred to above, on 5 December, 2019. It used to redirect to a Chinese adult contend webpage but today resolves in blank page with no content.\r\n\r\nOn 22 January 2020, the Complainant addressed a cease and desist letter to the Respondent via the Registrar abuse contact e-mail, but has never received any response to it. \r\n\r\n",
    "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\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT'S CONTENTIONS:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain name <3shapelab.icu> is confusingly similar with its prior trademarks “3SHAPE”.\r\n\r\nThe Complainant argues that the disputed domain name is fully contained within its trademark and points out that the elements in which the signs vary, are descriptive and thus do not alter the overall confusion between the signs.\r\n\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain name or a name corresponding to the disputed domain name, nor that the Respondent is making a bona fide offering of goods or services. Moreover, the Complainant states that the Respondent has not been licensed or otherwise authorized to use any of the Complainant’s trademarks nor to apply for or use any domain name incorporating such trade marks.\r\n\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states that due to its worldwide presence, including the Chinese market, and considering that the Complainant’s trademark is notorious, the Respondent could not be unaware of the Complainant rights over the term “3shape” at the time of the disputed domain name’s registration.\r\n\r\nThe fact that the Respondent did not reply to its cease and desist letter sent on January 2020, is also deemed to be considered as a prima facie evidence of the Respondent’s bad faith in the disputed domain name registration.\r\n\r\nMoreover, the Complainant considers that the inclusion of the descriptive term “lab” in the second level of the disputed domain name reflects the Respondent’s intention to create likelihood of confusion or association with the Complainant’s main clients – laboratories.\r\n\r\nFinally, the website at the disputed domain name is currently inactive but used to redirect to an adult content web page which excludes, according to the Complainant, fair use of the disputed domain name.\r\n\r\nRESPONDENT'S CONTENTIONS:\r\n\r\nThe Respondent did not respond 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 trademarks 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. Hana Císlerová, LL.M."
    ],
    "date_of_panel_decision": "2020-08-23 00:00:00",
    "informal_english_translation": "The Complainant is the proprietor of 3 international registrations of trademarks consisting of or containing the term “3shape”. The trademarks cover goods and services in classes 9, 10 and 42 of the Nice Classification and designate, among other territories, the Respondent’s country of origin – China.\r\n\r\nMoreover, the Complainant owns an important domain names portfolio containing the term “3shape”, among others also the domain name <3shape.com.cn>.\r\n",
    "decision_domains": {
        "3SHAPELAB.ICU": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}