{ "case_number": "CAC-UDRP-104512", "time_of_filling": "2022-04-22 08:55:45", "domain_names": [ "ksbah.com", "ksb-ah.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "KSB SE & Co. KGaA" ], "complainant_representative": "Convey srl", "respondent": [ "Anhui Kai Shi Pump Co., Ltd." ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n\r\nThe Complainant brings to the Panel’s attention the evidences, provided also in the complaint, that the Respondent is a competitor of the Complainant, i.e. Anhui Kai Shi Pump Co., Ltd. The Respondent registered the Disputed Domain Names, including the Complainant’s trademark, in order to profit from the reputation of the trademark KSB and, in light of the use of the acronym AH for the province of Anhui, prima facie to pass off as a Complainant’s branch in that province of China.\r\n\r\nAs soon as the Complainant became aware of the Respondent’s registrations, confusingly similar to its registered trademark KSB, it instructed its representative to address to the owner of the Disputed Domain Names a cease and desist letter in order to notify him of the infringement of the Complainant’s trademark rights, requesting the immediate cease of any use of the Disputed Domain Names (the Disputed Domain Names have not been redirected to active websites), and their transfer to the Complainant. A cease and desist letter was then sent on February 02, 2022 via the form online corresponding to the links indicated as emails in the whois of the Disputed Domain Names.\r\n\r\nIn light of the absence of a reply and the failure to comply with the request for transfer the Disputed Domain Names, the Complainant instructed its representative to file the present Complaint in order to obtain the transfer of the Disputed Domain Names under its ownership and control.", "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 Names.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the Disputed Domain Names are 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 Names (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 Names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).", "procedural_factors": "The Complainant requests that the language of this administrative proceeding be English pursuant to UDRP Rule 11(a): Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding. Complainant makes this request in light of the potential Chinese language Registration Agreement of the Disputed Domain Names involved at this Complaint.\r\n\r\nParagraph 10 of the UDRP Rules vests a Panel with authority to conduct the proceedings in a manner it considers appropriate while also ensuring both that the parties are treated with equality, and that each party is given a fair opportunity to present its case. UDRP panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement. Such scenarios were summarized into WIPO Jurisprudential Overview 3.0, 4.5.1.\r\n\r\nIn this particular instance, the Complainant tried to request change of languages of proceedings in light of Chinese language Registration Agreement by showing that 1)The Disputed Domain Names are composed by the Complainant’s trademark KSB and the English acronym of the province of the Respondent’s registered address “ah”; 2) The Respondent is prima facie the holder of the domain name pointed to http:\/\/kspump.com\/ which website offered for sale the Complainant’s products and was in English; 3) Moreover, a translation of the Complaint to Chinese would entail significant additional costs for the Complainant and delay in the proceedings. Relevant decisions have been cited to support the Complainant’s positions.\r\n\r\nIn light of the scenarios and equity, the Panel is of the view that conducting the proceeding in English is unlikely to heavily burden the Respondent, and it is likely that the Respondent can understand the English language based on a preponderance of evidence test. Without further objection from the Respondent on the issue, the Panel will proceed to issue the decision in English.", "decision": "Accepted", "panelists": [ "Carrie Shang" ], "date_of_panel_decision": "2022-05-22 00:00:00", "informal_english_translation": "The Complainant is KSB SE & Co. KGaA is a leading supplier of pumps, valves and related systems for building services, industry and water transport, waste-water treatment and power plant processes. Founded in Frankenthal, Germany, in 1871, the sign KSB is the acronym of the founders’ surnames: Johannes Klein, Friedrich Schanzlin and Jakob Becker.\r\nToday, the company has a presence on all continents with its own sales and marketing organizations, manufacturing facilities and service operations. With sales revenue running over 2 billion euros in 2019, the KSB Group is one of the leading suppliers of pumps, valves and related service worldwide. Nowadays KSB employs more than 15,000 people with 190 service centers and around 3,500 service specialists. Its main manufacturing facilities are located in Germany and France, Europe is the main market. The second-largest market is the Region Asia \/ Pacific, followed by the Region Americas and the Region Middle East \/ Africa. Outside Europe, KSB’s biggest production sites are in Brazil, China, India and the USA.\r\n\r\nThe Complainant has become one of the most important supplier of technically advanced pumps, valves and services in China where, since 1994, he has set up seven company branches, employed about 900 professional staff and established more than thirty service centres.\r\n\r\nThe Complainant is the owner of the trademark KSB, with several international and national trademark registrations worldwide, including the following:\r\n• INT. TM n° 452821, Cl. 35, 37, 42 designating also China;\r\n• INT. TM n° 662585, Cl. 06, 07, 09, 11, 37, 41, 42 designating also China;\r\n• INT. TM n° 809284, Cl. 06, 07, 09, 11, 37, 41, 42;\r\n• INT. TM n° 407021, Cl. 06, 07, 11, 17 designating also China;\r\n• INT. TM n° 1466266, Cl. 37, 38, 41, 42 designating also China;\r\n• INT. TM n° 1463039, Cl. 37, 38, 41, 42 designating also China; and\r\n• INT. TM n° 679050, Cl. 06, 07, 09, 11, 37, 41, 42 designating also China.\r\n\r\nIn order to protect and promote its trademark KSB on the Internet, Complainant registered various domain names consisting of or comprising the word “KSB” under several different TLDs, including, inter alia, , and .\r\n\r\nThe official website https:\/\/www.ksb.com\/, generates a significant number of visits by Internet users. The Complainant is also active on the main Social Media, like Facebook, Twitter, Youtube and LinkedIn.", "decision_domains": { "KSBAH.COM": "TRANSFERRED", "KSB-AH.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }