{
    "case_number": "CAC-UDRP-100376",
    "time_of_filling": "2012-04-18 09:47:34",
    "domain_names": [
        "wwwtycoelectronics.com"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "Tyco International Services GmbH"
    ],
    "complainant_representative": "JUDr. Andrea Považanová (Čermák a spol.)",
    "respondent": [
        "Milan Kovac"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant (Tyco International Services GmbH ) is a company based in Switzerland, that designs and manufactures products in a variety of industries, including automotive, data communication systems, consumer electronics, telecommunications, aerospace, defense and marine, medical, energy and lighting. \r\n\r\nThe Complainant presents itself as a leading provider of electronic security products and services, fire protection and detection products and services, and serves customers in more than 60 countries all over the world. It is so that this company makes business under a large number of trademarks and domain names. \r\n\r\nTyco Electronics spun off from the Complainant (Tyco International) in June 2007 and became an independent stand-alone company. In March 2011, Tyco Electronics changed its name to TE Connectivity.\r\n\r\nTyco International Services GmbH is the owner of trademark registration for the mark “Tyco” and related trademarks for the companies of the TYCO and TE Groups that are registered worldwide from 1999 (see above) -\r\n\r\nThe Complainant is also the registrant of the numerous following generic and country level domain names, inter alia: \r\n-\ttycoelectronics.com (registered on 28 July 1999) \r\n-\ttyco.com (registered on 23 November 1998)\r\nThe Complainant was informed that the Respondent (M. Milan Kovac), apparently based in Bratislava, had registered on 10 October 2006 and updated on October 11, 2011 the domain name “wwwtycoelectronics.com”. It is used for a so-called “parking site” which contains links and sponsored links (inter alia also to TYCO ELECTRONICS distributors)\r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of other legal proceedings related to the disputed domain name. ",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its prior rights in the signs \"TYCO\" and \"TYCO ELECTRONICS\", namely its domain names, trademarks and trade\/company names (the use of which dates , for some, back to 1998,1999). \r\n\r\nIn the Complainant's view, \"the phonetic, optical and conceptual similarity [between both sign] is such that the consumer, customer\/internet user is going to be confused as to the provider of the respective goods and services. This confusion shall not be dispelled by the minor difference in adding the prefix \"www\" to the disputed domain name.\"\r\n\r\nThe Complainant contends that the Respondent has no rights or legitimat interest in the Domain. The Domain name is not being used to host any legitimate site. The website serves only as a click through page with links to other pages, and sponsored links meaning that the Respondent is being paid for placing such links on its web site. Therefore, according to the Complainant, the Respondent's sole purpose it to take advantage of typographicals errors of its domain names.   \r\n\r\nThe Complainant then asserts that the disputed domain name has been registered and is being used in bad faith. Given the renown of the Complainant's trademarks in the industry - \"it being a leader in multi-field\/multi business from consumer electronics (smart phones, satellites) energy and healthcare, to automotive, aerospace and communication networks\"- when registering and using the domain name, the Respondent \" had at least constructive knowledge of the Complainant's rights\".  Given the renown of the Complainant's trademarks, it is also \"not conceivable that the Respondent chose the disputed domain name by chance (...) The registration took place with intent to appropriate Complainant's customers\". Further, in the Complainant's view, \"the use of domain names to divert internet users and to direct them to a webpage providing click through revenues to Respondent evidences bad faith. Respondent is taking unfair advantage of Complainant's trademark to generate profit (...)\" . According to the Complainant, there is typosquatting. \" Respondent is attracting the internet users for commercial gain by creating a likelihood of confusion with the Complainant and its website\". \r\n\r\n\r\n\r\n\r\nRESPONDENT: 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.\r\n\r\nPursuant to Complainant’s request, the procedure is in English although the registration of the domain name is in Slovak. Respondent has been notified of the procedure – including this request. The notification of procedure has been made in Slovak and is therefore deemed to be understandable by Respondent. Respondent did not react, neither on this language issue, nor on the merits of the complaint. In such circumstances the Panel has no reason to believe that Respondent would be disadvantaged by using English. Also, Panel notes that the domain name at stake includes the English word ‘electronics’; this is another more reason to conclude that the change of language is not detrimental for Respondent.",
    "decision": "Accepted",
    "panelists": [
        "Mr. Etienne Wéry"
    ],
    "date_of_panel_decision": "2012-05-29 00:00:00",
    "informal_english_translation": "Complainant hold a substancial number of trademarks and trade names with the keywords \"TYCO\" and \"TYCO ELECTRONICS\": \r\n-\tTYCO Community nominative trademark n°1585785, with priority as of 24 November 1999, registered on 15 May 2007 for goods in Classes 10, 17 and 20\r\n\r\n-\tTYCO Community nominative trademark n°4718763, with priority as of 24 November 1999, registered on 7 July 2006 for goods and services in Classes 1,3,5, 6,7,9,11,16,35,37,38,39,40 and 42. \r\n\r\n-\tTYCO ELECTRONICS Community nominative trademark n°5931381, with priority as of 10 November 2006, registered on 9 June 2009 for goods and services in Classes 7,8,9,17,37 and 38. \r\n\r\n-\tTYCO Slovak National Trademark n°202956, with priority as of 16 December 1999, registered on 9 June 2003 for goods and services in Classes 1,2,6,7,9,11,16,17,20,35,37,38,39,40, and 42. \r\n\r\n-\tTYCO Slovak National Trademark n°198685, with priority as of 24 Novermber 1999, registered on 15 April 2002 for goods in Classes 3,5 and 10. \r\n\r\n-\tTYCO Czech National Trademark n°239981 with priority as of 23 March 2000, registered on 25 January 2002 for goods and services in Classes 1,2,3,5,6,7,9,10,11,16,17,20,35,37,38,39,40 and 42. \r\n\r\n-\tInternational Trademark TE TYCO ELECTRONICS n°925163 with priority as of 14 December 2006, registered on 13 April 2007 for goods and services in Classes 7,8,9,17,37 and 38. \r\n\r\n-\tInternational Trademark TYCO ELECTRONICS n°924416 with priority as of 10 November 2006, registered on 9 March 2007 for goods and services in Classes 7,8,9,17,37 and 38. \r\n\r\n-\tInternational Trademark TYCO ELECTRONICS n°924418 with priority as of 10 November 2006, registered on 9 March 2007 for goods and services in Classes 7,8,9,17,37 and 38. \r\n \r\nThe Complainant holds others trademark rights that are mentioned in the exhibits. ",
    "decision_domains": {
        "WWWTYCOELECTRONICS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}