{
    "case_number": "CAC-UDRP-104249",
    "time_of_filling": "2021-12-28 09:56:53",
    "domain_names": [
        "3shape-support.com "
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "3Shape A\/S "
    ],
    "complainant_representative": "BRANDIT GmbH",
    "respondent": [
        "Michael Nadeau"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a developer and manufacturer of 3D scanners and computer-aided system\/computer-aided manufacturing (“CAD\/CAM”) and is one of the leaders in the field of dental and hearing industries. The Complainant provides dental and hearing aid professionals with industry-leading scanners and fully integrated software that create highly streamlined processes for dental treatments.  \r\n\r\nThe Complainant is a widely known actor in the dental and hearing aid industries globally. It employs more than 1,600 people serving customers in over 100 countries.\r\n\r\nThe Complainant is based in Copenhagen, Denmark and has offices in many other areas around the world (Europe, Latin America, Asia-Pacific, North America, and in particular the United States of America where the Respondent seems to be located).  \r\n\r\nThe Complainant also enjoys a strong online presence.  \r\n\r\nThe Complainant is the owner of numerous trademark registrations for 3SHAPE registered worldwide.\r\n\r\nDue to extensive use, advertising and revenue associated with 3SHAPE trademark and products, the Complainant enjoys a high degree of notoriety in the field of dentistry all over the world.  \r\n\r\nThe Complainant has registered a number domain names containing the term “3SHAPE”; among them: <3shape.com> registered on May 17, 2000, <3shape.eu> registered on November, 21, 2007, <3shape.clinic> registered on August, 26, 2015, <3shape.net> registered on December, 29, 2011, <3shapeacademy.com> registered on June, 23, 2015 and numerous other domain names. The Complainant uses these domain names to resolve to its official website through which it informs internet users and potential consumers about its 3SHAPE mark and its products and services. \r\n\r\nThe Complainant owns numerous trademarks for 3SHAPE registered before the disputed domain name.  \r\n\r\nThe disputed domain name in its second-level portion incorporates the Complainant’s registered distinctive trademark 3SHAPE in its entirety along with the descriptive term “support” which directly refers to Complainant’s business. The 3SHAPE trademark is clearly recognizable in the disputed domain name. Previous UDRP panels have constantly held that the mere addition of a descriptive term would not prevent a finding of confusing similarity to a trademark. \r\n\r\nThe addition of the generic top-level domain “.com” does not add any distinctiveness and is a standard registration requirement and should be disregarded when assessing whether a disputed domain name is confusingly similar to the trademark in which the Complainant has rights.  \r\n\r\nThe disputed domain name was registered on March 19, 2020, many years after the registration of the Complainant’s 3SHAPE trademarks. \r\n\r\nThe Complainant has never granted the Respondent any right or license to use the 3SHAPE trademark within the disputed domain name, nor is the Respondent affiliated to the Complainant in any form.\r\n\r\nThe Complainant has never endorsed or sponsored the Respondent or the Respondent's website.  \r\n \r\nThere is no evidence that the Respondent is known by the disputed domain name or owns any registered trademark including the term “3shape-support.com”.\r\n\r\nWhen conducting searches on online trademark databases in relation to the term 3SHAPE all the returned results refer to the trademarks of the Complainant but no information is found in relation with trademarks corresponding to “3shape-support.com”.\r\n\r\nWhen conducting the search with the name of the Respondent and the terms “3shape-support.com” there are no results that would show that the Respondent is commonly known by the disputed domain name.\r\n\r\nMoreover, when searching for the terms “3shape support” or “3shape-support.com” on popular search engines, all the returned results refer to the Complainant and its trademark 3SHAPE or the Complainant’s services or products.  \r\n\r\nMoreover, the Respondent’s identity is not disclosed on the publicly available Registrar’s WhoIs for <3shape-support.com>. The registrant is indeed using a privacy shield service. Hence, the Respondent is most likely aiming at hiding its identity.   \r\n \r\nThe Respondent could have easily performed a search before registering the disputed domain name and would have quickly learnt that the trademarks are owned by the Complainant and that the Complainant has been using its trademarks for many years. \r\n\r\nMoreover, when searching for the name of the Respondent along with the terms “3shape-support.com” the results show a previous UDRP complaint filed by the Complainant against the Respondent in relation to the domain names: <3shape-designer.com>, <3shapedesignlab.com>, <3shape-design.com>, <3shapeconsultant.com>, <3shapeconsultants.com>, <3shapeconsulting.com>, <3shapescanners.com>, <3shapedesigners.com>, <3shapesupport.com>, <3shapenetwork.com>, <3shapedesignstudio.com>, <3shapelessons.com>. The Complainant was successful in the proceedings (CAC Case No. 102312). \r\n\r\nFurthermore, at the time of filing of the Complaint the disputed domain name resolves to a pay-per-click page. By clicking on the links on that page, the domain name further redirects, among others, to a page offering dental braces for sale. Therefore, by clicking on the links, the user will be redirected, among others, to the website of the Complainant’s competitors.  \r\n\r\nMoreover, Complainant has tried to reach the Respondent by a cease-and-desist letter. However, there was no response. The Respondent has been granted opportunity to present some compelling arguments that they had rights or legitimate interests in the disputed domain name but has failed to do so. This behaviour coupled with the absence of use of the disputed domain name in connection with a bona fide offering of goods and services further demonstrates the Respondent’s absence of rights or legitimate interests in respect of the disputed domain name. \r\n\r\nThe Respondent registered the disputed domain name many years after the registration of the Complainant’s 3SHAPE trademarks. 3SHAPE trademark is a widely known trademark in the field of dentistry and registered in many countries including in the United States of America.  \r\n\r\nMoreover, by conducting a simple online search regarding the term “3shape” or “3shape-support”, the Respondent would have been aware of the Complainant and its mark. In the most popular search engines, the Complainant’s website or social medias account or related topics will appear as top first results. \r\n\r\nThe inclusion of the Complainant’s trademark 3SHAPE in its entirety in the second level portion of the disputed domain name along with the relevant descriptive term “support” reflects the Respondent’s clear intention to create an association, and a subsequent likelihood of confusion, with the Complainant’s trademark in Internet users’ mind.  \r\n\r\nThe Respondent had the Complainant and its trademark in mind at the time it registered the disputed domain name.  \r\n\r\nTherefore, the Respondent knew the Complainant’s trademark at the time it registered the disputed domain name and registered it in bad faith. \r\n\r\nThe 3SHAPE trademark is incorporated entirely in the disputed domain name along with the descriptive term “support”.  \r\n\r\nThe pay-per-click website to which the disputed domain name redirects contains links to competitors' websites offering for sale braces, which are products similar to the Complainant's ones. Thus, the Respondent is capitalizing on the reputation and goodwill of the Complainant’s mark to attract users and direct them to the Complainant’ competing products.  \r\n\r\nMoreover, the fact that the Complainant tried to contact the Respondent through a cease-and-desist letter but the Respondent chose not to reply is a further indication of bad faith. ",
    "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. ",
    "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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2022-02-06 00:00:00",
    "informal_english_translation": "The Complainant is the registrant, among others, of the following trademarks:\r\n\r\n- international trademark registration No. 779184 \"3shape\", registered on December 15, 2001, for goods and services in classes 9 and 42;\r\n\r\n- international trademark registration No. 1142176 \"3shape\", registered on October 15, 2012, for goods and services in classes 9 and 42; and\r\n\r\n- US trademark registration No. 4565880 \"3shape\", registered on July 15, 2014, for goods and services in classes 9 and 42.\r\n\r\nThe disputed domain name was registered by the Respondent on March 19, 2020.",
    "decision_domains": {
        "3SHAPE-SUPPORT.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}