{ "case_number": "CAC-UDRP-101675", "time_of_filling": "2017-10-17 15:51:11", "domain_names": [ "steiffnews.com", " " ], "case_administrator": "Aneta Jelenová (Case admin)", "complainant": [ "Margarete Steiff GmbH " ], "complainant_representative": "SKW Schwarz ", "respondent": [ "Milton F. Shaw" ], "respondent_representative": null, "factual_background": "According to the information provided Complainant is a producer of teddy bears and other plush toys. The business of Complainant was founded in 1880. \r\n\r\nThe disputed domain name was registered on 13 July 2002. The disputed domain name was registered on 21 September 2012.\r\n \r\nThe trademark registrations of Complainant have been issued prior to the registration of the disputed domain names.\r\n\r\nAccording to Complainant the disputed domain names are confusingly similar to Complainant’s trademarks since they contain the word STEIFF. The component ‘news.com’ and ‘values.com’ can be neglected as they are merely descriptive terms. \r\n\r\nAccording to Complainant, Respondent has no rights or legitimate interest in the disputed domain names. Respondent has neither been authorized by Complainant to register the disputed domain names, nor has Respondent acquired a legitimate right to use the STEIFF trademarks by any preceding or current business activity. \r\nThe website uploaded under the disputed domain name is a random collection of links that lead to random internet sites. Complainant submits that it is obvious that these links are computer-generated as the only reason for their display lies in the keyword “Steiff” even if the content on those sites has nothing to do with Complainant (e.g. the following piece of information: “Scoring touchdowns for the Vikings were Michael Bachtle, Jake Weisert and Michael Steiff”). The commercial links displayed on the right hand side lead to a number of sites that feature adult or maybe even illegal content (especially links to lists showing “Sex Offenders”), to copyright-infringing downloading sites, and to other websites that are automatically generated. \r\n\r\nComplainant submits that the website uploaded under the disputed domain name contains an excessive amount of pay-per-click-links. The commercial links displayed all over the website lead to a number of sites that feature adult content, to copyright-infringing downloading sites, and to other websites that are automatically generated. \r\nComplainant asserts that the content on these sites tarnishes Complainant’s good name. Respondent undoubtedly seeks to make financial gains from the links. The display of such content does not constitute a legitimate use. Applying UDRP paragraph 4(c), panels have found that the use of a domain name to host a parked page comprising PPC links does not represent a bona fide offering where such links compete with or capitalize on the reputation and goodwill of the complainant’s mark or otherwise mislead Internet users. Complainant has never licensed or otherwise authorized Respondent to use the trademark of Complainant.\r\n\r\nAccording to Complainant the disputed domain names are registered and are being used in bad faith. By using the disputed domain names, Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Respondent’s websites or location or of a product or service on Respondent’s websites or location. To facilitate assessment of whether this has occurred, and bearing in mind that the burden of proof rests with Complainant, UDRP paragraph 4(b) provides that this scenario constitutes evidence of a respondent’s bad faith. Respondent seeks to attract the consumers’ attention to its websites using the famous and most distinctive trademark and company name of STEIFF. The trademark and company name are unfairly exploited for Respondent’s commercial interest. Furthermore, the danger of confusion is raised by the display of the company logo (top left) and the characteristic turquoise colored top and bottom of the website which has been taken from the website . By choosing this style Respondent created the impression of an official Steiff-site to attract attention. The content on this site is highly inappropriate and tarnishes Complainant’s good name. This must have been obvious to Respondent.", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "rights": "Complainant has, to the satisfaction of the Panel, shown the disputed 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": "Complainant has, to the satisfaction of the Panel, shown Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii)of the Policy).", "bad_faith": "Complainant has, to the satisfaction of the Panel, shown the disputed 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.", "decision": "Accepted", "panelists": [ "Dinant T.L. Oosterbaan" ], "date_of_panel_decision": "2017-11-16 00:00:00", "informal_english_translation": "According to the evidence submitted by Complainant, Complainant is the owner of the following trademarks: European Union trademark STEIFF, with registration number 000007443 and a registration date of 3 February 1998, and an International Trademark Registration for STEIFF, with No. 947107, registration date 13 September 2007. ", "decision_domains": { "STEIFFNEWS.COM": "TRANSFERRED", "STEIFFVALUES.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }