| Case number | CAC-UDRP-100635 |
|---|---|
| Time of filing | 2013-07-24 15:03:33 |
| Domain names | buyonweb-hapaglloyd.com |
Case administrator
| Name | Lada Válková (Case admin) |
|---|
Complainant
| Organization | Hapag-Lloyd UK Limited |
|---|
Complainant representative
| Organization | TLT LLP |
|---|
Respondent
| Organization | Hapag Lloyd () |
|---|
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.
Identification Of Rights
"Hapag-Lloyd" is a registered Community Trademark (CTM) with registration number EU002590479. It was registered on 8 November 2005 and is registered in, amongst others, classes 35 (which covers transshipment matters and goods distribution) and class 39 (which covers freight forwarding and storage of goods of all kinds).
TUI AG is the registered owner of the 479 Mark. Hapag-Lloyd is a licensee of the trademark and is authorized to claim the transfer of the disputed domain name to itself.
TUI AG is the registered owner of the 479 Mark. Hapag-Lloyd is a licensee of the trademark and is authorized to claim the transfer of the disputed domain name to itself.
Factual Background
FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
1 This Complaint is submitted by TLT LLP, a firm of solicitors regulated in the United Kingdom by the Solicitors’ Regulation Authority, on behalf of Hapag-Lloyd UK Limited.
2 The Czech Arbitration Court is requested to submit this Complaint for decision in accordance with the Uniform Domain Name Dispute Resolution Policy, the Rules for Uniform Domain Name Dispute Resolution Policy, and the CAC’s UDRP Supplemental Rules of the Czech Arbitration Court.
The Complainant
3 The Complainant, Hapag-Lloyd UK Limited (Hapag-Lloyd) is a subsidiary of Hapag-Lloyd AG. Hapag-Lloyd AG is based in Hamburg and has origins dating back to 1847.
4 The ultimate owners of Hapag-Lloyd AG and its subsidiaries are the Albert Ballin consortium (77.96%, consisting of the City of Hamburg, Kühne Maritime, Signal Iduna, HSH Nordbank, M.M.Warburg Bank and HanseMerkur) and the TUI AG (22.04%).
5 Hapag-Lloyd AG and its subsidiaries are a leading global liner shipping company which operates from 300 locations in 114 different countries, worldwide.
6 Hapag-Lloyd was incorporated in England and Wales on 15 January 1936 with company number 00309325.
Reputation
7 Given the size and the history surrounding Hapag-Lloyd, it is a thoroughly established company and extremely well known throughout the world as a trusted and reputable business.
8 Over the years, Hapag-Lloyd AG and its subsidiaries have received numerous awards, including:
8.1 2013 Quest for Quality Award, awarded by Logistics Management Magazine;
8.2 2012 Ocean Carrier of the Year, awarded by Alcoa;
8.3 2012 Global Carrier of the Year, awarded by Hellmann Worldwide Logistics; and
8.4 Excellence Award 2011, awarded by Eastman Chemical Company.
Trademarks
9 "Hapag-Lloyd" is an EU registered trademark with registration number EU002590479 (the 479 Mark). It was registered on 8 November 2005 and is registered in, amongst others, classes 35 (which covers transhipment matters and goods distribution) and class 39 (which covers freight forwarding and storage of goods of all kinds).
10 As mentioned above in paragraph 4, TUI AG is part owner of Hapag-Lloyd. TUI AG is the registered owner of the 479 Mark. However, Hapag-Lloyd is a licensee of the 479 Mark and is duly authorised to rely upon it for the purposes of this
Complaint.
Abusive Registration
11 "Hapag-Lloyd.Com" was registered by the owners of Hapag-Lloyd on 8 August 1996. "Buyonweb-HapagLloyd.Com" (the Infringing Domain) was registered on 8 April 2013 by the Respondent.
12 It is inconceivable that at the time of registration, the Respondent did not know of the similarity between the Infringing Domain and Hapag-Lloyd's domain as the Infringing Domain uses the 479 Mark.
13 In fact, it is evident that the Respondent purposefully used Hapag-Lloyd's 479 Mark to create the impression that the Infringing Domain and the website at the Infringing Domain was owned by or at least associated with Hapag-Lloyd.
14 The Respondent seeks to trick users into thinking that Hapag-Lloyd is associated with their site (the Site) at the Infringing Domain. This encourages users to purchase products from the Site as they believe that a well known, reputable business, will execute the delivery of their products.
15 The Respondent has gone to great lengths to convince users that this is the case by stating, for example:
"Hapag Lloyd is the safest way to buy and sell online. The Buyer checks the quality of the merchandise before autorizing [sic] the payment and allows the Seller to use a safe way of accepting payment".
16 To reiterate, Hapag-Lloyd has nothing to do with the Site, the Infringing Domain, or the Respondent. The Respondent has no legitimate interest in the Site or the Infringing Domain as they are being used to defraud users into purchasing products that are never delivered.
17 Hapag-Lloyd has received numerous calls from users chasing delivery of their products. They have therefore had to inform the users that the delivery of the products / the Site the user ordered the products from is not in any way associated with Hapag-Lloyd.
18 The Infringing Domain was registered in bad faith as the sole purpose for its registration was and is to trick users into believing that they have arrived at a site which is owned by or associated with a reputable company i.e. Hapag-Lloyd.
19 The Site at the Infringing Domain has been suspended, however in order to protect Hapag-Lloyd, the use of the 479 Mark and users, we request that the Infringing Domain be transferred to Hapag-Lloyd.
20 Please also be aware that the registrant has given its name as "Hapag Lloyd". This is further evidence of the fraud as this is not actually Hapag-Lloyd UK Limited or any subsidiary of Hapag Lloyd AG.
1 This Complaint is submitted by TLT LLP, a firm of solicitors regulated in the United Kingdom by the Solicitors’ Regulation Authority, on behalf of Hapag-Lloyd UK Limited.
2 The Czech Arbitration Court is requested to submit this Complaint for decision in accordance with the Uniform Domain Name Dispute Resolution Policy, the Rules for Uniform Domain Name Dispute Resolution Policy, and the CAC’s UDRP Supplemental Rules of the Czech Arbitration Court.
The Complainant
3 The Complainant, Hapag-Lloyd UK Limited (Hapag-Lloyd) is a subsidiary of Hapag-Lloyd AG. Hapag-Lloyd AG is based in Hamburg and has origins dating back to 1847.
4 The ultimate owners of Hapag-Lloyd AG and its subsidiaries are the Albert Ballin consortium (77.96%, consisting of the City of Hamburg, Kühne Maritime, Signal Iduna, HSH Nordbank, M.M.Warburg Bank and HanseMerkur) and the TUI AG (22.04%).
5 Hapag-Lloyd AG and its subsidiaries are a leading global liner shipping company which operates from 300 locations in 114 different countries, worldwide.
6 Hapag-Lloyd was incorporated in England and Wales on 15 January 1936 with company number 00309325.
Reputation
7 Given the size and the history surrounding Hapag-Lloyd, it is a thoroughly established company and extremely well known throughout the world as a trusted and reputable business.
8 Over the years, Hapag-Lloyd AG and its subsidiaries have received numerous awards, including:
8.1 2013 Quest for Quality Award, awarded by Logistics Management Magazine;
8.2 2012 Ocean Carrier of the Year, awarded by Alcoa;
8.3 2012 Global Carrier of the Year, awarded by Hellmann Worldwide Logistics; and
8.4 Excellence Award 2011, awarded by Eastman Chemical Company.
Trademarks
9 "Hapag-Lloyd" is an EU registered trademark with registration number EU002590479 (the 479 Mark). It was registered on 8 November 2005 and is registered in, amongst others, classes 35 (which covers transhipment matters and goods distribution) and class 39 (which covers freight forwarding and storage of goods of all kinds).
10 As mentioned above in paragraph 4, TUI AG is part owner of Hapag-Lloyd. TUI AG is the registered owner of the 479 Mark. However, Hapag-Lloyd is a licensee of the 479 Mark and is duly authorised to rely upon it for the purposes of this
Complaint.
Abusive Registration
11 "Hapag-Lloyd.Com" was registered by the owners of Hapag-Lloyd on 8 August 1996. "Buyonweb-HapagLloyd.Com" (the Infringing Domain) was registered on 8 April 2013 by the Respondent.
12 It is inconceivable that at the time of registration, the Respondent did not know of the similarity between the Infringing Domain and Hapag-Lloyd's domain as the Infringing Domain uses the 479 Mark.
13 In fact, it is evident that the Respondent purposefully used Hapag-Lloyd's 479 Mark to create the impression that the Infringing Domain and the website at the Infringing Domain was owned by or at least associated with Hapag-Lloyd.
14 The Respondent seeks to trick users into thinking that Hapag-Lloyd is associated with their site (the Site) at the Infringing Domain. This encourages users to purchase products from the Site as they believe that a well known, reputable business, will execute the delivery of their products.
15 The Respondent has gone to great lengths to convince users that this is the case by stating, for example:
"Hapag Lloyd is the safest way to buy and sell online. The Buyer checks the quality of the merchandise before autorizing [sic] the payment and allows the Seller to use a safe way of accepting payment".
16 To reiterate, Hapag-Lloyd has nothing to do with the Site, the Infringing Domain, or the Respondent. The Respondent has no legitimate interest in the Site or the Infringing Domain as they are being used to defraud users into purchasing products that are never delivered.
17 Hapag-Lloyd has received numerous calls from users chasing delivery of their products. They have therefore had to inform the users that the delivery of the products / the Site the user ordered the products from is not in any way associated with Hapag-Lloyd.
18 The Infringing Domain was registered in bad faith as the sole purpose for its registration was and is to trick users into believing that they have arrived at a site which is owned by or associated with a reputable company i.e. Hapag-Lloyd.
19 The Site at the Infringing Domain has been suspended, however in order to protect Hapag-Lloyd, the use of the 479 Mark and users, we request that the Infringing Domain be transferred to Hapag-Lloyd.
20 Please also be aware that the registrant has given its name as "Hapag Lloyd". This is further evidence of the fraud as this is not actually Hapag-Lloyd UK Limited or any subsidiary of Hapag Lloyd AG.
Parties Contentions
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.
Rights
The Complainant has, to the satisfaction of the Panel, shown the 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).
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 Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy).
Bad Faith
The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).
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.
Principal Reasons for the Decision
1. Rights
a) The Panel accepts the Complainant as properly authorized by the trademark owner TUI AG to (i) claim trademark rights under the UDRP in this proceedings, and (ii) to claim the transfer of the disputed domain name to Complainant as remedy sought.
b) The Panel finds that the disputed domain name is confusingly similar to the Community Trade mark "Hapag-Lloyd". The term "buyonweb" is of descriptive quality, as is the TLD ".com". Thus, both elements can be neglected in the comparison of the trademark and the disputed domain name.
2. No legitimate use by Respondent
a) The Panel finds that the Respondenthas intentionally attempted to attract, for commercial gain, Internet users to its web site, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of its web site. This is emphasized by the look of the website, which presents symbols for the transportation
of goods (globe, airplane) and wording ("Hapag Lloyd is the safest way to buy and sell online. The Buyer checks the quality of the merchandise before autorizing the payment and allows the Seller to use a safe way of accepting payment"). Not least, the Respondent even presents itself under the name "Hapag Lloyd" as a domain name holder. This evidences that it merely intends to attract, for commercial gain, Internet users to its web site by pretending to be "Hapag Lloyd".
b) The Panel is convinced that at the time of registration of the disputed domain name, the Respondent was aware of the well known company name and trademark "Hapag-Lloyd" and that the Respondent purposefully used Hapag-Lloyd's 479 Mark to create the impression that its website was owned by or at least associated with Hapag-Lloyd.
3. Registration and use in bad faith
The Complainant proved that the Respondent has registered the disputed domain name in bad faith and uses it in bad faith.
a) The Panel accepts the Complainant as properly authorized by the trademark owner TUI AG to (i) claim trademark rights under the UDRP in this proceedings, and (ii) to claim the transfer of the disputed domain name to Complainant as remedy sought.
b) The Panel finds that the disputed domain name is confusingly similar to the Community Trade mark "Hapag-Lloyd". The term "buyonweb" is of descriptive quality, as is the TLD ".com". Thus, both elements can be neglected in the comparison of the trademark and the disputed domain name.
2. No legitimate use by Respondent
a) The Panel finds that the Respondenthas intentionally attempted to attract, for commercial gain, Internet users to its web site, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of its web site. This is emphasized by the look of the website, which presents symbols for the transportation
of goods (globe, airplane) and wording ("Hapag Lloyd is the safest way to buy and sell online. The Buyer checks the quality of the merchandise before autorizing the payment and allows the Seller to use a safe way of accepting payment"). Not least, the Respondent even presents itself under the name "Hapag Lloyd" as a domain name holder. This evidences that it merely intends to attract, for commercial gain, Internet users to its web site by pretending to be "Hapag Lloyd".
b) The Panel is convinced that at the time of registration of the disputed domain name, the Respondent was aware of the well known company name and trademark "Hapag-Lloyd" and that the Respondent purposefully used Hapag-Lloyd's 479 Mark to create the impression that its website was owned by or at least associated with Hapag-Lloyd.
3. Registration and use in bad faith
The Complainant proved that the Respondent has registered the disputed domain name in bad faith and uses it in bad faith.
For all the reasons stated above, the Complaint is
Accepted
and the disputed domain name(s) is (are) to be
- BUYONWEB-HAPAGLLOYD.COM: Transferred
PANELLISTS
| Name | Dominik Eickemeier |
|---|
Date of Panel Decision
2013-08-29
Publish the Decision