1) The domain name is confusingly similar to the Complainant’s registered trademark, despite the lack of the hyphen between the words "bilder" and "welten" and despite the fact that the name, when taken as a whole, may be descriptive. The descriptive nature of the domain name is better addressed under the third requirement, whether the domain name has been registered and is being used in bad faith (cf. WIPO Case No. D2008-0983 <club-amenities.com>).
2) Regarding Respondent's lack of rights or legitimate interests in respect of the Domain Name Complainant has made the allegation and has put forward what Complainant can in support, namely that Respondent has no rights to the name “bilderwelten” of which Complainant is aware. Respondent would have been obliged to demonstrate any existing rights or legitimate interests in respect of the Domain Name, but has failed to do so (cf. WIPO Case No. D2004-0110 <belupo.com>; WIPO Case No. D2001-0121 <julianbarnes.com>).
3) Respondent has, by using the domain name, intentionally attempted to attract, for commercial gain, Internet users to Respondent’s online shop at “artstore.de”, by creating a likelihood of confusion with Complainant's mark as to the source, sponsorship, affiliation, or endorsement of this web site (cf. paragraph 4(b)(iv)of the Policy). When acquiring the disputed domain name “bilderwelten.net” in September 2009 Respondent must have been aware of the major competitors of its “artstore.de” online shop, which includes Complainant’s sucessful and well-known website operated under “bilder-welten.net” (cf. WIPO Case No.D2000-0521 <hifog.com>; WIPO Case No.D2000-0139 < moanapacific.com>). Having this knowledge when acquiring the almost identical domain name „bilderwelten.net“, and then using it to forward web users to Respondent’s competing online shop at “artstore.de”, is even for a somewhat descriptive domain name a registration and use in bad faith.
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