{ "case_number": "CAC-UDRP-103102", "time_of_filling": "2020-08-20 09:55:45", "domain_names": [ "cargoteckarachi.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Cargotec Oyj", "Cargotec Patenter AB" ], "complainant_representative": "Berggren Oy", "respondent": [ "Asif Baqi" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant Cargotec Oyj, is a leading provider of various lifting, loading, and unloading machines, devices, and equipment for use in cargo and load handling purposes and services related to them. The Complainant operates globally in more than 100 countries around the world. In 2019 around 12 500 people worked at Cargotec and the company had sales totaling approximately EUR 3.7 billion. \r\n\r\nThe Complainant owns numerous registrations around the world for the CARGOTEC trademark including, among others, CARGOTEC EU trademark, No. 004219961, filed on 28.12.2004, registered on 08.06.2006, for goods and services in classes 7, 12, 37; CARGOTEC US-registration No. 74\/059050 and CARGOTEC Pakistan registrations No. 106043, 106041 and 204970, all of which predate the registration of the disputed domain name. \r\n\r\n\r\nFurthermore, the Complainant is the owner of a numerous portfolio of domain names registrations which contain the distinctive and dominant word element “Cargotec” listed in annex to the Complaint. \r\n\r\nThe disputed domain name has been registered on 16.09.2017 and the services provided under the domain are by the Respondent related to handling and moving cargo as the services provided by the Complainant, Cargotec Oyj.\r\n\r\n\r\n", "other_legal_proceedings": "The Panel is not aware of other pending or decided legal proceedings, which relate to the disputed domain name.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nThe Complainant's contentions are the following:\r\n\r\nThe disputed domain name is confusingly similar to the Complainant's earlier trademarks CARGOTEC. The trademark and company name CARGOTEC is reproduced in its entirety.\r\n\r\nThe Complainant sustains that the addition of the generic word “Karachi”, which simply informs the Internet user of the geographical location of the city of Karachi in Pakistan is not sufficient to escape the finding that the domain name is confusingly similar to the trademark and company name CARGOTEC. Moreover, the addition of the city of Karachi is likely to give the false impression of being Cargotec’s local office or otherwise associated party to the Complainant.\r\n\r\nThe CARGOTEC trademark is widely known among relevant group around the world due to Cargotec being a leading provider of cargo and load handling solutions operating in more than 100 countries with a sales totaling approximately EUR 3.7 billion in 2019.\r\n\r\nThe Complainant further contends that the Respondent lacks rights or legitimate interests in the disputed domain name for a number of reasons.\r\n\r\nFirst, the Complainant sustains that, according to the searches conducted by such on the internet and in the trademark databases, the Respondent does not have any rights preceding those of the Complainant to the name “CARGOTEC” or to the disputed domain name cargoteckarachi.com. \r\n\r\nBecause of the Complainant’s extensive earlier trademark registrations with respect to the trademark related to cargo and load handling solutions, for example, in classes 6, 7, 9, 12, 37 and 42, no one else has a right to register or use “CARGOTEC” trademark especially in connection with the goods and services related to cargo and load handling solutions. \r\n\r\nFurther, the Complainant asserts that it has not granted any license or other rights to use any of its trademarks or domains to the Respondent. The use and registration of the disputed domain name has not been authorized by Cargotec and Cargotec does not approve of the use and registration of the disputed domain. \r\n\r\nGiven the above facts and as there are no business relations between the parties, Cargotec considers that the Respondent has no rights or legitimate interests in respect of the disputed domain name. \r\n\r\nFurther, the Complainant contends that the Respondent has registered and used the domain name in bad faith.\r\n\r\nThe Complainant asserts that the Respondent is using the disputed domain name in order to divert traffic to its websites for the purpose of generating revenue from the use and sale of the disputed domain name. \r\n\r\nThe use and registration of the disputed domain name by the Respondent, considering the facts and circumstances of the registration and use of the disputed domain name and the prior rights held by Cargotec, has been done with the intention to attract, for commercial gain, Internet users to the Respondents web site creating a likelihood of confusion with Cargotec’s CARGOTEC trademark as to the source, sponsorship, affiliation, and endorsement of the Respondent’s web site. \r\n\r\nThe Complainant further asserts that the purpose of the use and registration of the disputed domain name has been to cause disruption to the Complainant’s business in Pakistan. The Complainant mentions that the Respondent has not shown any willingness to cooperation concerning his registration, but recently removed\/hid its name from the domain register. \r\n\r\nFurther, the Complainant argues that the Respondent is intentionally trying to gain commercial profit from the use and registration of the disputed domain name and is intentionally benefiting from the Complainant’s registered well-known brand and trademark CARGOTEC as such seems to be doing business in the field of logistics solutions, being thus a competitor of the Complainant. \r\n\r\nFurther the Complainant points out that, the Respondent by therefore mentioned actions is causing detriment and damage to the Complainant’s well-known brand and trademark CARGOTEC. \r\n\r\nOn these bases, the Complainant sustains that the Respondent has registered and used the disputed domain name in bad faith.\r\n\r\n", "rights": "The 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": "The Complainant has, to the satisfaction of the Panel, shown the 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": "The 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": [ "Delia-Mihaela Belciu" ], "date_of_panel_decision": "2020-09-25 00:00:00", "informal_english_translation": "The Complainant bases its Complaint on several CARGOTEC trademark registrations listed in Annex 4 to the Complaint, among which, CARGOTEC EU trademark, No. 004219961, filed on 28.12.2004, registered on 08.06.2006, for goods and services in classes 7, 12, 37; CARGOTEC EU trademark, No. 010006443, filed on 30.05.2011, registered on 11.10.2011, for goods in classes 01, 02, 04; CARGOTEC EU trademark, No. 000040006, filed on 01.04.1996, registered on 18.05.1999, for goods in classes 07,12; CARGOTEC US-registration No. 74\/059050 and CARGOTEC Pakistan registrations No. 106043, 106041 and 204970.\r\n\r\n\r\n", "decision_domains": { "CARGOTECKARACHI.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }