PARTIES' CONTENTIONS:
COMPLAINANT
The Complainant argues that the current holder of the disputed domain name is the former CEO of the company AER. He states that this company was bought from bankruptcy by the Complainant and with that the intellectual property. He stated that “his” trademark is still in use and the Domains not being transferred. He claims that the content shown on the sites is outdated an customers complain i.e. on social media, that there is no reactions to requests and no person reachable. He asserts that this situation damages his reputation and hinders his ongoing business.
RESPONDENT
The Complainant’s statement that the company AER was bought from bankruptcy by the Complainant is deliberately and blatantly false. Tellingly, the Complainant furnishes no evidence at all to support such claim.
The shift of the core business of that company concerning Europe to the Complainant’s subsidiary AER music GmbH is still part of a pending lawsuit. The Complainant’s statement “GISMO AG bought the company and with that the material and intellectual property” is also deliberately and blatantly false. Likewise, no evidence is given to furnish such claim.
The only intellectual property item sold to the Complainant by sales contract with handwritten corrections dated as of 26.05.2014 between the company AER and Mr. Udo Rösner as Sellers and the Complainant as Buyer are the German trademarks 30 2008 051 416 AER and 30 2008 052 844 AER the acoustic people, 30 2010 056 863 ACOUSTICUBE. EUTM 007160641 AER and 007167349 AER the acoustic people as well as international Registrations 1 008 934 AER and 1 076 606 AER the acoustic people were later transferred to the Complainant.
Even though the Complainant may be registered as sole owner of said trademarks with the respective registries, the Complainant willfully omits that an agreement exists between the Complainant and Mrs. Ulrike Rösner dated as of 29.12.2014. The Preamble states, inter alia “The parties are in agreement that in view of the intended long-term future cooperation, the trademark rights shall be due to Gismo and Mrs. Rösner internally each in equal parts legally and economically.” Further, the agreement states hat half of each of the trademark rights are held in trust by the Complainant for Mrs. Rösner.
Mrs. Rösner is CEO and Shareholder of the company AER the Acoustic People GmbH.
Between the Complainant and Mrs. Rösner a lawsuit is pending before the District Court Düsseldorf, inter alia, on the understanding and extent of Mrs. Rösner’s rights in said trademarks.
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