The PHILIPS trademark is a well-known and famous brand, which is one of the most widely recognized identities in the world. The PHILIPS trademark is synonymous with a wide spectrum of products varying from consumer electronics to domestic appliances, from security systems to semiconductors. <\/p>\n
As was held in CAC-UDRP-104326 <philips-orginal.com>, referencing CAC Case 103077 <PHILIPSPULSEOXIMETERS.COM> “There are no doubts that the Complainant’s trademarks “PHILIPS” are well-known worldwide as confirmed by the previous panels (e.g. WIPO Case No. D2010-1494).”<\/p>\n
The Complainant is also the owner of the International Trademark registration for the sign \"LUMEA\", with registration number 1033502, which has also proceeded to registration as a European Union Trademark. Such in class 8 for Electric an.<\/p>\n
The Respondent registered <PhilipsLumea.net> on 2021-03-31, and <Philips-Iraq.com> on 2014-10-25. This is several decades after Complainant registered and commenced the use of its trademarks.<\/p>", "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 names.<\/p>", "no_response_filed": "
The Complainant claims that the disputed domain names are confusingly similar to the Complainant's well-known trademark PHILIPS. They incorporate entirely Complainant's trademarks.
The Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain names, because it has not been authorized to use the PHILIPS and LUMEA trademarks and is not commonly known under the disputed domain names. Neither Philips or Lumea are generic terms or commonly used terms in Iraq.
The Complainant contends that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant’s mark.<\/p>\n
No administratively compliant Response has been filed.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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).<\/p>", "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 names (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>", "bad_faith": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Udo Pfleghar B.A. (Melb.)" ], "date_of_panel_decision": "2022-12-15 00:00:00", "informal_english_translation": "
The Complainant is the owner of the following trademark registrations for the sign “<\/span>PHILIPS” (the “PHILIPS trademark”): <\/span><\/p>\n The Complainant is also the owner of the International Trademark registration for the sign \"LUMEA\":<\/span><\/p>\n - registration number 1033502, which has proceeded to registration as a European Union Trademark in class 8 for Electric and non-electric hair removing apparatus; electric hair removing apparatus based on pulse light and\/or laser technology, also suitable to slow down, prevent or reduce hair regrowth. <\/em><\/span><\/p>",
"decision_domains": {
"philips-iraq.com": "TRANSFERRED",
"philipslumea.net": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
<\/span>
- the International trademark PHILIPS (word mark) with registration No. 310459, registered on 16 March 1966 for goods in International Classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 19, 20, 21, 28, 31 and 34 in numerous jurisdictions; <\/span>
- the International trademark PHILIPS (stylized capitalized font) with registration No. 991346, registered on 13 June 2008 for goods and services in International Classes 3, 5, 7, 8, 9, 10, 11, 14, 16, 18, 20, 21, 25, 28, 35, 36, 37, 38, 41, 42, 44 and 45; and
<\/span>
- the European Union trademark PHILIPS with registration No. 000205971, registered on 22 October 1999 for goods and services in International Classes 3, 6, 7, 8, 9, 10, 11, 14, 16, 18, 20, 21, 25, 28, 35, 37, 38, 40, 41 and 42.<\/span><\/p>\n