The Complainant was founded in 1987. It is a leading global provider of information and communications technology (ICT) infrastructure and smart devices. The Complainant has approximately 197,000 employees and operates in over 170 countries and regions, serving more than three billion people around the world. The Complainant owns the domain name <huawei.com>, which resolves to its official website.<\/p>\n
The disputed domain name was registered on 19 October 2022. It resolves to an Arabic language website offering what appear to be the Complainant’s HUAWEI products for sale with prices in Saudi Riyals. The website also includes some English language words and statements.<\/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 name.<\/p>", "no_response_filed": "
COMPLAINANT:<\/p>\n
The Complainant submits that the disputed domain name is confusingly similar to its HUAWEI trademark, as it reproduces this trademark with the addition of the letters “ksa” - the common abbreviation of the “Kingdom of Saudi Arabia”, which is not sufficient to avoid the likelihood of confusion.<\/p>\n
According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because there is no relationship between the Parties, the Respondent is not commonly known by the disputed domain name and has no relevant trademark rights, and the Complainant has not authorized the Respondent to use the HUAWEI trademark or to register the disputed domain name.<\/p>\n
The Complainant adds that the Respondent is not making a bona fide offering of goods or services through the disputed domain name or carrying out a legitimate non-commercial or fair use of it. Rather, the Respondent uses the disputed domain name, which tends to suggest sponsorship or endorsement by the Complainant, to impersonate it and to offer for sale products, allegedly from the Complainant's, at reduced prices. It is not known whether these goods are genuine or not. The Respondent prominently displays the Complainant’s trademarks on its website and pretends to act under the company name “Huawei”. According to the Complainant, the Respondent has thus engaged in a fraudulent scheme designed to be deceptive and confusing.<\/p>\n
The Complainant contends that the disputed domain name was registered and is being used in bad faith. It notes that its HUAWEI trademark was registered many years before the disputed domain name. According to the Complainant, the Respondent has registered the disputed domain name with knowledge of this trademark and targeting it.<\/p>\n
The Complainant maintains that the Respondent is using without permission the Complainant’s well-known HUAWEI trademarks in order to get traffic to its website and to obtain commercial gain from the false impression created for the Internet users with regard to a potential affiliation or connection with the Complainant. This false impression is increased by using the disputed domain name to access a website prominently displaying the Complainant’s HUAWEI trademarks. The website is offering identical goods to those of the Complainant under the Complainant’s trademarks, which carries a risk of implied affiliation with the Complainant. Therefore, the Respondent is using the disputed domain name to intentionally attract, for commercial gain, Internet users to the website, by creating a likelihood of confusion with the Complainant’s HUAWEI trademark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s website.<\/p>\n
RESPONDENT:<\/p>\n
The Respondent did not submit a Response in this proceeding.<\/p>", "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).<\/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 name (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 name has been registered and is 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": [ "Assen Alexiev" ], "date_of_panel_decision": "2023-02-14 00:00:00", "informal_english_translation": "
The Complainant is the owner of the following trademark registrations for the sign “HUAWEI” (the “HUAWEI trademark”):<\/p>\n
- the trademark HUAWEI with registration No.981955, registered on 14 April 1997 in China for goods in International Class 9;<\/p>\n
- the trademark HUAWEI with registration No. 4824398, registered on 6 October 2015 in the United States for goods in International Class 9; and<\/p>\n
- the European Union trademark HUAWEI with registration No. 009967531, registered on 16 December 2011 for goods and services in International Classes 1 - 45.<\/p>", "decision_domains": { "huaweiksa.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }