{
    "case_number": "CAC-UDRP-100201",
    "time_of_filling": "2010-11-11 22:39:36",
    "domain_names": [
        "bilderwelten.net"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "mantiburi GmbH & Co. KG"
    ],
    "complainant_representative": "Peter Hense",
    "respondent": [
        "Lucas Promotion GmbH&Co.KG\/Andre Lucas"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nComplainant and its predecessor company have used the domain name \"bilder-welten.net\" since May 2006 to operate an online shop for pictures and other interior design products. Complainant claims that it currently spends 1.2 million Euro per year for marketing, most of it for search engine marketing. The goods sold via Complainant’s online shop are of high quality and have a good reputation.\r\n\r\nRespondent acquired the disputed domain in September 2009, and uses the disputed domain name to forward website users to a Respondent website under the domain name “artstore.de”, where Respondent (since 2005) operates an online shop for pictures and art prints that directly competes with Complainant’s online shop. Complainant claims to be one of the major competitors of Respondent, and therefore concludes that Respondent must have been aware of Complainant’s online shop under \"bilder-welten.net\" when it acquired the disputed domain name \"bilderwelten.net\" in September 2009.\r\n\r\nIn the past there have been a number of irritated customers asking Complainant about its relationship to the disputed domain name.\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings which relate to the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nSee above.\r\n\r\nRESPONDENT:\r\n\r\nNo response has been filed.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to the registered German trademark no 302009007806 “bilder-welten” 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.",
    "decision": "Accepted",
    "panelists": [
        "Dr. Thomas Schafft"
    ],
    "date_of_panel_decision": "2010-12-10 00:00:00",
    "informal_english_translation": "Complainant owns the registered German trademark no. 302009007806 “bilder-welten” with a priority date of 25 March 2009, which is protected for various goods in classes 16 and 20 as well as for “cutting of fabrics” (class 40). Complainant had originally sought registration of this mark for additional goods and services in classes 16, 20 and 40, but the German Patent and Trademark Office (partially) refused this application as being descriptive for picture-related products.\r\n\r\nComplainant further claims to be the licensee of an unregistered “common law trademark ‘bilder-welten’ according to § 5 of the German Act on Trade Marks” owned by its CEO and managing partner, who is also the registered owner of the domain name “bilder-welten.net”. The Panel notes that Section 5 German Trademark Act does not govern unregistered trademarks or service marks pursuant to paragraph 4(a)(i) of the Policy, but rather rights in other \"commercial designations\". The requirements of Section 4 no. 2 German Trademark Act for unregistered trademark (!) rights are not addressed in the Complaint.\r\n",
    "decision_domains": {
        "BILDERWELTEN.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}