{
    "case_number": "CAC-UDRP-103324",
    "time_of_filling": "2020-10-02 14:50:12",
    "domain_names": [
        "3shapealigner.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "3Shape A\/S"
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Osman Golcuk, Telmar Iletisim Hizmetleri A S"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n3Shape A\/S is a developer and manufacturer of 3D scanners and computer-aided system\/computer-aided manufacturing (“CAD\/CAM”), in the dental and hearing aid industries. Based in Denmark, 3Shape A\/S provides dental and hearing aid professionals with industry-leading scanners and fully integrated software programs that create highly streamlined processes for dental treatments.\r\n\r\n3Shape A\/S is a widely known company in the dental and hearing aid industries globally. According to its Annual Report 2019, 3Shape A\/S employs more than 1,750 persons in 26 countries. 3Shape A\/S has headquarters and offices in many countries around the world (Europe, America and Asia-Pacific).\r\n\r\n3Shape has a vast global network of industry experts, doctors and lab technicians and gains valuable patient and industry insights that help the company to maintain a patient-centered approach to product development. 3Shape systems and products are used by numerous clinics and labs in over 100 countries across the globe.\r\n\r\nDue to extensive use, advertising and revenue associated with its trademarks worldwide, the Complainant enjoys a high degree of notoriety in the field of dentistry around the world.\r\n\r\nThe Complainant’s 3SHAPE trademarks significantly predate the registration of the disputed domain name.\r\n\r\nThe disputed domain name was registered on November 14, 2019.\r\n\r\nThe disputed domain name resolves to an active website hosting content that is directly related to the Complainant and its business.\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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant claims that the disputed domain name is confusingly similar to the Complainant’s registered trademark; that the Respondent has no rights or legitimate interests whatsoever with respect to the disputed domain name; and that the Respondent registered and is using the disputed domain name in bad faith.\r\n\r\nThe Complainant’s claims are here below summarized:\r\n\r\n3Shape A\/S is a widely known company in the dental and hearing aid industries globally;\r\nThe Complainant’s trademark is entirely reflected in the disputed domain name and is therefore confusingly similar to the Complainant’s trademark;\r\nThe Respondent has no relationship whatsoever with the Complainant or its 3SHAPE trademark and is not commonly known by the disputed domain name;\r\nThe Respondent knew of the Complainant’s trademark when it registered the disputed domain name;\r\nThe Respondent is using the disputed domain name to resolve to an active website displaying the trademarks of the Complainant and suggesting endorsement and\/or sponsorship;\r\nThe Respondent intentionally attempts to attract, for commercial gain, internet users to its website, by creating a likelihood of confusion with the Complainant’s trademarks;\r\nThe Respondent has never replied to the communications sent by the Complainant;\r\nThe Respondent has registered and used the disputed domain name in bad faith.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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 Complainant has requested, should he language of the registration agreement be different, to proceed in English.\r\nIn this regard the Panel simply notes that according to the Registrar verification the registration agreement is in English, therefore the language of the proceedings is English as well. Owing to this there is no need to evaluate arguments in favor of this request.\r\n\r\nThe 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": [
        "Dr.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2020-11-11 00:00:00",
    "informal_english_translation": "The Complainant has proven to be the owner of the 3SHAPE mark.\r\nThe Complainant is, inter alia, the owner of the following trademarks: \r\nInternational trademark registration no.: 779184: “3shape” registered on December 15, 2001;\r\nInternational trademark registration no.: 1142176 “3shape” registered on October 15, 2012;\r\nInternational trademark registration no.: 1271231 “3shape” registered on August 31, 2015;\r\nInternational trademark registration no.: 1095013 “3shape Communicate” registered on August 31, 2015;\r\nInternational trademark registration no.: 1043547 “TRIOS®” registered on May 19, 2010 (designating Turkey).\r\n\r\nThe Complainant has proven to also be the holder of the following domain names containing the term “3SHAPE”: <3shape.com> (registered on May 17, 2000), <3shapeacademy.com> (registered on June 23, 2015) and <3shapecommunicate.com> (registered on March 3, 2011).\r\n",
    "decision_domains": {
        "3SHAPEALIGNER.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}