Alternative Dispute Resolution Proceeding

WIPO Case No. DSE2025-0011

ARBITRATION

AND

MEDIATION CENTER

Alternative Dispute Resolution Proceeding

Case No. DSE2025-0011

1. Petitioner

The Petitioner is Performance Health Systems, LLC, United States of America, represented by Cinnamon

Digital, LLC, United States of America.

2. Domain Holder

The Domain Holder is Power Plate Scandinavia AB, Sweden.

3. Domain Names and Procedural History

This Alternative Dispute Resolution proceeding relates to the domain names <power-plate.se> and
<powerplate.se>.

This Petition was filed under the Terms and Conditions of registration (the “.se Policy”) and the Instructions governing Alternative Dispute Resolution proceedings for domain names in the top-level domain .se (the “.se Rules”).

The WIPO Arbitration and Mediation Center (“the Center”) verified that the Petition satisfied the formal requirements of the .se Policy and the .se Rules. In accordance with Section 13 of the .se Rules, the Center formally notified the Domain Holder of the Petition on April 7, 2025. The Domain Holder submitted a response on May 14, 2025.

The Center appointed Jonas Gulliksson, Bengt Eliasson and Monique Wadsted as the Arbitrators in this matter on June 19, 2025. Each of the Arbitrators has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with Section 1 of the .se Rules.

4. Factual Background

The Petitioner designs, manufactures and distributes health and wellness equipment. The Petitioner’s products are available for sale around the world.

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The trademark POWER PLATE with registration No 008772931 was registered with the European Union
Intellectual Property Office on September 20, 2010. The trademark covers i.e. Training apparatus, not
included in other classes; gymnastic and sporting articles not included in other classes in Class 28. After
initially being registered by First Anti Age Trading GmbH, the ownership of the trademark was transferred to
Power Plate International Ltd. on September 2, 2010. Following the liquidation of Power Plate International
Ltd., the trademark was assigned to the Petitioner on April 16, 2014.

The Domain Holder, Power Plate Scandinavia AB, has been selling various types of training apparatus under the POWER PLATE trademark since 2002. From 2002 to 2008, the Domain Holder acted as the Nordic distributor for Power Plate International B.V., the trademark proprietor at that time.

The domain names <power-plate.se> and <powerplate.se> were registered by the Domain Holder on

December 9, 2003.

Between July 18, 2024, and August 13, 2024, the parties engaged in brief email correspondence during
which the Petitioner offered the Domain Holder USD 500 for the transfer of the domain names. The Domain

Holder did not respond to this settlement proposal.

5. Claim

The Petitioner claims that the domain names <power-plate.se> and <powerplate.se> should be transferred to the Petitioner.

The Domain Holder disputes the transfer.

6. Parties’ Contentions
A. Petitioner

The domain names <powerplate.se> and <power-plate.se> are identical or confusingly similar to the trademark POWER PLATE, which is owned by the Petitioner. The addition of the country-code Top-Level Domain “.se” and the inclusion of a hyphen in <power-plate.se> do not sufficiently distinguish the domain names from the registered trademark. Such minor variations are not capable of eliminating the likelihood of confusion.

The domain names have been used in bad faith by the Domain Holder. Historical evidence shows that both domain names have been used to host websites promoting “Vibrogym”, a competing brand, without authorization from the Petitioner. This unauthorized use demonstrates an intention to mislead consumers and to take unfair advantage of the goodwill and reputation associated with the POWER PLATE trademark for commercial gain. Furthermore, the Domain Holder’s failure to respond to the Petitioner’s attempts to resolve the matter amicably further supports a finding of bad faith.

The Domain Holder has no rights or legitimate interests in respect of the domain names <powerplate.se> or connection with the term.

<power-plate.se>. The Domain Holder is not affiliated with the Petitioner, nor has it been authorized or
licensed to use the POWER PLATE trademark in any manner. There is no evidence to suggest that the
B. Domain Holder

Since its founding in 2002, the Domain Holder has been engaged in the sale of professional vibration training platforms, including those under the “Power Plate” brand—a business it continues to operate to this day. In addition, the Domain Holder runs its own vibration training centers, which utilize machines from various

manufacturers, including “Power Plate”.

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From 2002 to 2008, the Domain Holder served as the official Nordic distributor for Power Plate International B.V. The company name, Power Plate Scandinavia AB, was registered in 2002 after the Domain Holder received explicit permission to do so from the founder, then-owner, and CEO of Power Plate International B.V. At the same time, the founder also granted the Domain Holder permission to register and use the

disputed domain names, which were subsequently registered on December 9, 2003.

For over two decades, the Domain Holder has used email addresses linked to the disputed domain names on a daily basis. These email addresses are now firmly established in the Domain Holder’s communications with both customers and business partners. The disputed domain names also host websites used to market and sell vibration training platforms, including used “Power Plate” machines.

In 2012, Power Plate International B.V. was declared bankrupt. Following the acquisition of the company’s assets, Performance Health Systems LLC assumed control of both the production of “Power Plate” machines and the trademark rights. After this transition, Performance Health Systems LLC contacted the Domain

Holder concerning both the company name Power Plate Scandinavia AB and the disputed domain names. Upon receiving an explanation that the company name had been legally registered in Sweden since 2002, Performance Health Systems LLC chose not to pursue the matter further. The Domain Holder has
interpreted this inaction as an implicit acceptance of its continued use and ownership of both the company
name and the disputed domain names within Sweden.

The Petitioner’s assertion that the Domain Holder is not permitted to sell “Power Plate” products in Sweden is incorrect. Neither the Petitioner nor Performance Health Systems LLC holds any exclusive right under European Union law to restrict the resale or servicing of used “Power Plate” products, or of new products introduced into the Swedish market via lawful parallel import. Since 2008, the Domain Holder has not

claimed to be an authorized distributor of “Power Plate” products or of Performance Health Systems LLC. It
merely markets and sells products under its legally registered company name.

At no point—either willfully or negligently—has the Domain Holder acted with the intention to obstruct or compete unfairly with the Petitioner or Performance Health Systems LLC. The Domain Holder’s conduct has remained consistent with its lawful business operations and long-standing use of the disputed domain

names.

7. Discussion and Findings

According to Section 7.2 of the .se Policy, a domain name shall be transferred to the party requesting dispute resolution if:

(i) The domain name is identical or similar to:
a) a trademark;
b) a trade name;
c) a surname;
d) an artist’s name (provided the name does not refer to someone long deceased);
e) the title of a protected literary or artistic work belonging to another;
f) a name protected under the Regulation (2019:167) on Certain Official Designations; or
g) the name of a government authority listed in the register maintained by Statistics Sweden in accordance
with the Ordinance (2007:755) on the General Register of Public Authorities, or its well-established

abbreviation,

which is legally protected in Sweden and to which the party requesting dispute resolution can demonstrate a
right; and

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(ii) The domain name has been registered or used in bad faith; and

(iii) The Domain Holder has no rights or justified interest in the domain name.

In order for the Petitioner to succeed in having the domain names transferred, all three conditions set out above must be fulfilled.

A. The Domain Names are identical or similar to a name which is legally recognized in Sweden and to which the Petitioner can prove its rights

The first requirement under the .se Policy is that the disputed domain names, <power-plate.se> and
<powerplate.se>, are identical or similar to a right that is legally protected in Sweden, to which the Petitioner
can establish entitlement. It is the Petitioner’s responsibility to demonstrate the existence of such a right.

In this case, the Petitioner has referred to European Union trademark registration No 008772931, for <powerplate.se>, “power plate”, is identical to the Petitioner’s registered trademark. As correctly noted by the Petitioner, the addition of a hyphen or the Top-Level Domain “.se” does not prevent a finding of similarity under the .se Policy. Similarly, in the case of the disputed domain name <power-plate.se>, the dominant element remains “power plate”. The Petitioner’s trademark is clearly recognizable within this domain name, making <power-plate.se> likewise similar to the registered trademark.

Accordingly, the Arbitrators find that the Petitioner has satisfied this first element of the .se Policy.

B. The Domain Names have been registered or used in bad faith

In assessing whether the disputed domain names <powerplate.se> and <power-plate.se> have been registered or used in bad faith, a comprehensive evaluation must be made based on all relevant circumstances of the case

It is established that the Domain Holder registered the company name Power Plate Scandinavia AB (company registration No 556624-2235) on May 22, 2002. This therefore gives the Domain Holder an established right that precedes the trademark rights of the Petitioner

The Domain Holder has also stated that it acted as the exclusive reseller for the then-trademark owner, Power Plate International B.V., and that it received consent from the trademark owner at the time to register both the company name and the disputed domain names. The Domain Holder has further asserted that the disputed domain names have been in continuous use since its registration, both for hosting the company’s website and for its email communications.

There is no evidence in the case file, nor any other circumstances, suggesting that the Domain Holder, either at the time of registration or thereafter, has used the disputed domain names in a manner that seeks to exploit the Petitioner’s reputation or to otherwise cause harm to the Petitioner. While the Petitioner claims that the Domain Holder has used the disputed domain names to promote the “Vibrogym” brand, supported by screenshots and other materials, this evidence is insufficient to establish that the Domain Holder registered the domain names with the intent to attract internet users for commercial gain by creating a likelihood of confusion with the Petitioner’s mark. On the contrary, the evidence submitted by the Petitioner clearly shows that the Domain Holder distinguishes between the Vibrogym and Powerplate brands. Given the Domain Holder's explicit statements that the marks are separate, the Panel does not consider the promotion of “Vibrogym” to constitute use in bad faith.

Taking into account the above factors, and following a holistic assessment of the case, the Arbitrators conclude that it has not been established that the Domain Holder has registered or used the disputed domain names <powerplate.se> or <power-plate.se> in bad faith within the meaning of the .se Policy.

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C. The Domain Holder has no rights or justified interest in the Domain Names

In assessing whether the Domain Holder has rights or legitimate interests in the disputed domain names, a comprehensive evaluation of all relevant circumstances must be undertaken.

While the overall burden of proof in Alternative Dispute Resolution Proceedings is on the Petitioner, arbitrators have recognized that proving a respondent lacks rights or legitimate interests in a domain name may result in the often impossible task of “proving a negative”, requiring information that is often primarily within the knowledge or control of the respondent. As such, where a Petitioner makes out a prima facie case that the Domain Holder lacks rights or legitimate interests, the burden of production on this element shifts to the Domain Holder to come forward with relevant evidence demonstrating rights or legitimate interests in the domain name. If the Domain Holder fails to come forward with such relevant evidence, the Petitioner is deemed to have satisfied the second element.

According to Section 7.2 of the .se Policy, one factor that may support a finding of rights or legitimate commercial operations, including for its website and email communications.

interests is where the Domain Holder holds a right that is identical or similar to the disputed domain name.
As previously established, the disputed domain names are composed entirely of the dominant portion of the
Domain Holder’s company name, which has been registered and in use for over 23 years. The Domain

There are no facts or circumstances in the case file to suggest that the Domain Holder lacks rights or legitimate interests in the disputed domain names within the meaning of the .se Policy. Accordingly, the Arbitrators conclude that the Domain Holder has established rights or legitimate interests in the disputed domain names.

8. Decision

For all the foregoing reasons, the Petition is denied.

9. Summary

Based on the evidence and circumstances of the case, the Arbitrators conclude that it has not been shown that the Domain Holder, within the meaning of the .se Policy, registered or used the disputed domain names in bad faith. Finally, it has not been demonstrated that the Domain Holder lacks rights or legitimate interests in the disputed domain names.

Jonas Gulliksson

Chairman

Bengt Eliasson

Arbitrator

Monique Wadsted
Arbitrator
Date: July 31, 2025