WIPO Domain Name Decision DRO2019-0002 for 3shape.ro
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION 3shape A/S v. Nicolaie Sebastian Valentin Radu Case No. DRO2019-0002 1. The Parties
The Complainant is 3shape A/S of Copenhagen, Denmark, represented by BrandIT GmbH, Switzerland.
The Respondent is Nicolaie Sebastian Valentin Radu of Buzau, Romania. 2. The Domain Name And Registrar
The disputed domain name (“Disputed Domain Name”) is registered with ROTLD (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 13, 2019. On February 13, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Disputed Domain Name. On February 14, 2019, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
On February 15, 2019, the Center sent a communication in both Romanian and English to the Parties regarding the language of the proceeding. On February 18, 2019, the Complainant submitted a request for English to be the language of proceeding. The Respondent did not comment on the language of the proceeding by the specified due date.
The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on February 26, 2019. In accordance with the Rules, paragraph 5, the due date for Response was March 18, 2019. The Respondent did not submit any Response. Accordingly, the Center notified the Respondent’s default on March 25, 2019.
The Center appointed Gabriela Kennedy as the sole panelist in this matter on April 4, 2019. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background
The Complainant is a global developer and manufacturer of 3D scanners and CAD/CAM software solutions for dental and audio industries based in Denmark, Copenhagen. Since the Complainant’s establishment in 2000, it has been using 3Shape commercially as its business name for 19 years and has offices across the world, including China, Europe, United States of America and Latin America.
The Complainant holds registered trade mark rights in the 3SHAPE mark in various jurisdictions through a number of international and European Union registrations, including, inter alia:
(i) the device mark incorporating the word 3SHAPE in classes 9 and 42 registered on December 15, 2001 under International Trade Mark registration no. 779184;
(ii) the word mark 3SHAPE in classes 9 and 42 registered on May 17, 2013 under European Union Trade Mark registration no. 010828598 (extending to Romania amongst other countries); and
(iii) the word mark 3SHAPE in class 10 registered on October 28, 2015 under European Union Trade Mark registration no. 013799127 (extending to Romania amongst other countries).
The Complainant also owns and uses numerous domain names that incorporate the 3SHAPE mark, including its main company website and various domain names with country code Top-Level Domains (“ccTLD”) such as , , and , etc.
The Respondent is an individual based in Buzau, Romania. The Disputed Domain Name was registered by the Respondent on September 15, 2017 and does not currently resolve to an active website. 5. Parties’ Contentions A. Complainant
The Complainant’s primary contentions can be summarised as follows:
(a) The Disputed Domain Name is identical or confusingly similar to the Complainant’s registered trade mark 3SHAPE;
(b) The Disputed Domain Name does not appear to have ever been used since its registration and the Complainant has not licensed or otherwise authorised the Respondent to use its 3SHAPE mark, therefore the Respondent has no rights or legitimate interests in the Disputed Domain Name; and
(c) The Respondent must have been aware of the Complainant and its rights in the 3SHAPE mark prior to his registration of the Disputed Doman Name, as the Complainant has been marketing and selling its goods in Europe for many years prior to the registration of the Disputed Domain Name. The Complainant tried to email a copy of its cease and desist letter to the Respondent on September 26, 2018 (the “Complainant’s Email”). The Respondent sent an email on September 27, 2018 stating “There is no letter attached to this mail” (the “Respondent’s Email”). On the same date, the Complainant sent an email attaching the cease and desist letter. The Complainant sent four follow up emails to the Respondent in October and November 2018 requesting a response to their cease and desist letter, but received no reply. The Respondent’s passive holding of the Disputed Domain Name, combined with the Respondent’s lack of response to the Complainant’s communications and failure to provide any evidence of actual or contemplated good-faith use, support the fact that the Respondent registered and is using the Disputed Domain Name in bad faith. B. Respondent
The Respondent did not reply to the Complainant’s contentions.
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