The Complainant is a developer and manufacturer of 3D scanners and computer-aided system\/computer aided manufacturing (“CAD\/CAM”) software solutions for the dental and audio industries based in Copenhagen, Denmark. It was founded in 2000 and today has over 2,200 employees serving customers in over 100 countries from a number of offices around the world (Europe, North America, Latin America, China, Japan, Korea, Australia and New Zeeland). The Complainant has production facilities and offices in Asia, Europe, Latin America and the US.<\/p>\n
The disputed domain name was registered on May 29, 2024 and it resolves to a parking page.<\/p>", "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.<\/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. In particular, the Complainant argues that the disputed domain name should be observed as identical with or confusingly similar to 3SHAPE trademark and that the applicable TLD \".shop\" should be disregarded as a standard registration requirement.<\/span><\/p>\n Regarding the second UDRP element, the Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant has never granted the Respondent any right or license to use its 3SHAPE trademark within the disputed domain name, nor is the Respondent affiliated to the Complainant in any form. The Complainant further underlines that previous UDRP panels have found that domain names identical to a complainant’s trademark carry a high risk of implied affiliation. There seems to be no trademark rights owned by the Respondent in respect to the disputed domain name and there is no evidence that the Respondent engages in, or has engaged in any activity or work, i.e., legitimate or fair use of the disputed domain name, that demonstrates a legitimate interest in the disputed domain name. The Complainant has sent cease-and-desist letter to the Respondent (both through privacy shield and through registrar), but there was no response from the Respondent. The Complainant holds that the Respondent has been granted several opportunities to present some compelling arguments regarding rights or legitimate interests in the disputed domain name, but has failed to do so.<\/p>\n With respect to the third UDRP element, the Complainant holds that the fact that the Respondent has registered a domain name that contains its 3SHAPE trademark in its entirety indicates that the Respondent registered the disputed domain name with full knowledge of the Complainant’s trademark and that the disputed domain name was registered years after the registration of Complainant's trademark that is widely known in many countries, including Mexico, where the Respondent is located. Moreover, by conducting a simple online search regarding the term “3shape”, the Respondent would have been aware of the Complainant and its trademark. The Complainant holds that passive holding of the disputed domain name does not prevent a finding of bad faith.<\/p>\n 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 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.<\/p>",
"decision": "Accepted",
"panelists": [
"Stefan Bojovic"
],
"date_of_panel_decision": "2025-01-17 00:00:00",
"informal_english_translation": " The Complainant has demonstrated ownership of rights in the trademark 3SHAPE for the purposes of standing to file a UDRP Complaint.<\/span><\/p>\n In particular, the Complainant is the owner of trademark registrations for 3SHAPE, including the following: <\/span><\/p>\n - International trademark registration No. 1142176 for 3SHAPE<\/span>, registered on October 15, 2012;<\/span><\/p>\n - Mexican trademark registration No. 2658866 for 3SHAPE, registered on February 8, 2024; and<\/span><\/p>\n - European Union trademark registration No. 010828598 for <\/span>3SHAPE<\/span>, registered on May 17, 2013. <\/span><\/p>\n The Complainant also refers to ownership over a number of domain names that incorporate its <\/span>3SHAPE<\/span> <\/span>trademark, including <3shape.com>, registered on May 17, 2000.<\/p>",
"decision_domains": {
"3shape.shop": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
No administratively compliant Response has been filed.<\/p>",
"rights": "