{
    "case_number": "CAC-UDRP-100998",
    "time_of_filling": "2015-06-02 14:13:50",
    "domain_names": [
        "SOFTESSE.COM"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Jacob Holm & Sons AG"
    ],
    "complainant_representative": null,
    "respondent": [
        "Privacy Protection Services Inc."
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant was founded in 1794 and is headquartered in Switzerland.  It produces spunlaced non-woven fabrics used in the home care, hygiene and industrial markets.  SOFTESSE is one of the trade marks for products of the Sontara® business that was sold by E. I. du Pont de Nemours and Company Corporation to the Complainant in 2014.  The first SOFTESSE trade marks were registered over ten years ago.\r\n\r\nAt the time that the Complaint was filed, the First Respondent appeared in the publicly available Whois database.  However, when the CAC asked the Registrar for confirmation that the First Respondent was indeed the registrant of the disputed domain name, the Registrar lifted the privacy shield to reveal the underlying details of the Second Respondent (the First and Second Respondents are collectively referred to as the Respondent).\r\n\r\nThe disputed domain name was registered on 28 January 2015.  It is currently pointing towards a webpage containing sponsored links and offering the disputed domain name for sale for USD 4,600.\r\n",
    "other_legal_proceedings": "None that the Panel has been made aware of.",
    "no_response_filed": "Parties' Contentions\r\n\r\nComplainant\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant states that the disputed domain name is identical to the Complainant’s SOFTESSE trade mark. \r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant points out that the Respondent is not using the disputed domain name and has made no demonstrable preparations to use it for any bona fide offering of goods and services or any other legitimate purpose.  The Respondent is not hosting any content on the website, except some links to third party websites and an offer to sell the domain name, as follows: \"Buy this domain. The owner of softesse.com is offering it for sale for an asking price of 4.600 USD!\" \r\n\r\nIn addition, the Complainant states that the disputed domain name was initially used to display third party trade marks as links: for instance the trade mark IVRAXO SOFT, registered in Germany by Peter Greven GmbH & Co KG for \"liquid soap, soap crème and liquid hand cleaner\" in class 3, and the trade mark LIFOSAN, registered in several jurisdictions for different goods in classes 3 and 5 by B. Braun Melsungen AG.\r\n\r\nThe Complainant argues that there is a general consensus that using a domain name for a parking page displaying sponsored links does not constitute bona fide use for the purposes of the Uniform Domain Name Dispute Resolution Policy (the Policy).  Furthermore, to the best of the Complainant’s knowledge, the Respondent has no registered or unregistered trade mark rights in the term SOFTESSE, and there is no evidence that the Respondent is commonly known by the disputed domain name. \r\n\r\nFinally, the Complainant points out that the Respondent has no connection or affiliation with the Complainant.\r\n\r\nRegistered and used in bad faith\r\n\r\nIn the Complainant's opinion, given that the Respondent does not use the disputed domain name for a bona fide offering of goods or services, the disputed domain name was primarily registered to be offered for sale, as shown by the wording on the corresponding website. \r\n\r\nIn addition, considering that the disputed domain name is identical to a trade mark that has been in use for well over ten years, and that the trade mark consists of a fanciful term, the Complainant argues that it must be inferred that the only potential buyer with a legitimate interest would be the owner of the trade mark.  The Complainant also notes that the asking price of USD 4,600 is far in excess of any registration costs that the Respondent might have incurred. \r\n\r\nFurthermore, the fact that the disputed domain name displays links to third party websites, from which the Respondent is likely to derive revenue, is further evidence of bad faith registration and use under the Policy.  Finally, the Complainant points out that the use of a privacy service to hide the identity of the real registrant is another factor indicating the Respondent’s bad faith.\r\n\r\nRespondent\r\n\r\nThe Respondent did not respond to the Complaint.\r\n",
    "rights": "The Complainant has shown, to the satisfaction of the Panel, that the disputed domain name is identical to a trade 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 shown, to the satisfaction of the Panel, that the Respondent has 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 shown, to the satisfaction of the Panel, that 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": "Further to the Registrar's removal of the privacy shield, the CAC offered the Complainant the opportunity to amend the Complaint, but the Complainant did not wish to do so.\r\n\r\nHowever, under the Policy a Panel may use his or her discretion to decide on the proper Respondent(s), and so the Panel directed the CAC to add the Second Respondent on the basis that it registered and controlled the disputed domain name (and indeed now appeared in the publicly available Whois), and thus should be treated accordingly.     \r\n\r\nThe Panel is satisfied that all procedural requirements under the Policy were met and there is no other reason why it would be inappropriate to provide a decision.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Jane Seager"
    ],
    "date_of_panel_decision": "2015-07-15 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the trade mark SOFTESSE for nonwoven textile fabric for use in medical gowns and surgical drapes (amongst other things) in the United States of America (trade mark n° 78194233 and n° 78194232), the European Union (trade mark n° 003009503 and n° 013689724) and several other jurisdictions (Australia, Taiwan, China, Bahrain, Egypt, Russian Federation, Saudi Arabia, Turkey, Ukraine, New Zealand, Switzerland, China, WIPO (international trade mark), Norway, Hong Kong, India, Malaysia, Singapore, Taiwan, Thailand, Japan and South Korea \/ Republic of Korea). ",
    "decision_domains": {
        "SOFTESSE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}