The Complainant, ThyssenKrupp AG, is a German industrial engineering and steel production company. The Complainant enjoys protection for the word mark “tk” by means of several international trademark registrations. It has registered word mark “tks” in at least one jurisdiction before the disputed domain name was registered, and is applying to have “tks” protected as a trademark in many other jurisdictions. <\/p>\n
The disputed domain name \"www.ss-tks.com\" was registered on September 26, 2023. <\/p>", "other_legal_proceedings": "
The Complainant has disclosed these proceedings related to the domain names:<\/p>\n
<\/p>\n
CAC-UDRP-105574 against domain name <krupp-alloy.com><\/p>\n
CAC-UDRP-105410 against domain name <krupp-materials.com><\/p>\n
WIPO UDRP D2023-0881 against domain names <kruppss.com> and <krupp-steel.com>.<\/p>\n
CAC-UDRP-105669 against domain name <k-alloy.com> was rejected.<\/p>\n
The proceeding CAC-UDRP-106233 is pending of resolution.<\/p>\n
<\/p>\n
The Respondent \"zhuo yang gang tie shang hai you xian gong si\" was the owner of all disputed domain names in these proceedings.<\/p>", "no_response_filed": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n
No administratively compliant Response has been filed.<\/b><\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "procedural_factors": "
The Complainant requests that the language of this administrative proceeding should be English pursuant to UDRP Rule 10(b): “In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.”<\/p>\n
Paragraph 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. In 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 name is in English; 2) Phishing emails and the quotations sent by the Respondent are all in Englisch; and 3) the translation of the Complaint would unfairly disadvantage and burden the Complainant and delay the proceedings and adjudication of this matter.<\/p>\n
In 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.<\/p>", "decision": "Accepted", "panelists": [ "Carrie Shang" ], "date_of_panel_decision": "2024-04-17 00:00:00", "informal_english_translation": "
The Complainant enjoys trademark protection for the word mark “tk” and “tks” by means of several international and national trademark registrations. The Complainant is also the registrant of numerous additional domain names containing its trademarks “tk” and “tks”.<\/p>\n
The Respondent has not submitted any materials related to its rights.<\/p>", "decision_domains": { "ss-tks.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }