{ "case_number": "CAC-UDRP-106020", "time_of_filling": "2023-12-06 10:38:14", "domain_names": [ "slemens-healthineers.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Siemens Trademark GmbH & Co. KG" ], "complainant_representative": null, "respondent": [ "Jeremy Austrum (Phill chase llc)" ], "respondent_representative": null, "factual_background": "

The Complainant is a subsidiary of Siemens Aktiengesellschaf, the parent company of the Siemens Group of companies, one of the world’s largest corporations which is renowned for its manufacture and supply of goods and services in a broad range of fields including medicine, automation, control, power, transportation , logistics, information and communications.<\/span><\/p>\n

It owns a series of registered trademarks including SIEMENS and SIEMENS Healthineers that are used by the Siemens Group in the relation to medical services, equipment and solutions.<\/p>\n

 It also owns a series of domain names incorporating the same distinctive SIEMENS mark, such as <siemens.com>, <siemens-healthineer.com> and <siemens-healthineers.com> that it also uses in its business.<\/p>\n

 The Complainant states that the Respondent has registered the domain name <slemens-healthineers.com> (\"the disputed domain name\") the principal portion of which is clearly a copy of the Complainant's SIEMENS and SIEMENS Healthineers trademarks, and caused it to resolve to a webpage with no content. This is confusing to internet users, Complainant's customers and potential customers and disruptive of the Complainant's business. The Respondent has not filed a Response.<\/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": "

<\/p>\n

 A. COMPLAINANT<\/span><\/p>\n

    \n
  1. The Complainant is a trademark holding company of the Siemens Group which leases its trademarks to member companies of the group which are, as noted above, engaged in a broad range of industries.<\/span><\/span><\/li>\n
  2. The Complainant owns several trademarks for SIEMENS and SIEMENS Healthineers that are used in the relation to the provision of medical services and it also owns numerous domain names including <siemens.com>,<siemens-healthineer.com> and <siemens-healthineers.com> which it also uses in its business.<\/span><\/li>\n
  3. The Respondent registered the domain name <slemens-healthineers.com><\/strong> (“the disputed domain name”) on September 28, 2023.<\/span><\/li>\n
  4. The disputed domain name is confusingly similar to both of the Complainant’s aforesaid SIEMENS and SIEMENS Healthineers trademarks as it contains both trademarks, a spelling alteration by means of substituting the letter “l” in SIEMENS so that it reads <slemens-healthineers.com><\/strong> adding the generic Top Level domain “.com”. The aforesaid spelling alteration is not sufficient to escape a finding that the domain name is confusingly similar to both trademarks. It also worsens the likelihood of confusion, as internet users are likely to read the domain name as <siemens-healthineers.com> <\/strong>and conclude that it is an official domain name of the Complainant and also as a domain name reflecting the Complainant’s SIEMENS and SIEMENS Healthineers trademarks.<\/span><\/li>\n
  5. The Respondent has no right or legitimate interest in the disputed domain name. That is so because:<\/span>\n
      \n
    • the domain name does not resolve to an active website but is parked with its registrar and produces the reading “This site cannot be reached”;<\/span><\/li>\n
    • the Respondent is not associated with, affiliated with or licenced by the Complainant to use its trademarks in a domain name or by any other means;<\/span><\/li>\n
    • the Respondent is not using the domain name for a bona fide <\/em>offering of good or services;<\/span><\/li>\n
    • the Respondent must have had actual knowledge of the Complainant and its trademarks at the time when it registered the domain name;<\/span><\/li>\n
    • the domain name carries the inevitable implication that it is affiliated with the Siemens group of companies;<\/span><\/li>\n
    • the Respondent’s obvious intention in registering the domain name was to divert internet users from legitimate Siemens’ websites to other unrelated sites.<\/span><\/li>\n<\/ul>\n<\/li>\n
    • The Respondent has registered and used the disputed domain name in bad faith. That is so because:<\/span>\n
        \n
      • the Respondent clearly knew of the Complainant and its trademarks SIEMENS and SIEMENS Healthineers;<\/span><\/li>\n
      • the domain name is so similar to the SIEMENS Healthineers trademark that the Respondent clearly intended to usurp the Complainant's strong international reputation so as to confuse the public and cause damage to the Complainant's business by disruption;<\/span><\/li>\n
      • the Respondent’s clear intention was to divert internet traffic from the Complainant’s legitimate sites to the Respondent’s own potential site;<\/span><\/li>\n
      • the Respondent also clearly chose the disputed domain name with its misspelling so as to redirect internet users;<\/span><\/li>\n
      • the domain name is not active but resolves to the registrar’s site which produces its aforesaid message;<\/span><\/li>\n
      • the construction of the domain name is such that the Respondent must have been aware of the Complainant, its business and its SIEMENS and SIEMANS Healthineers trademarks;<\/span><\/li>\n
      • the Respondent’s intention must have been to lure the Complainant into buying the domain name so that it could extract money from the Complainant and to create confusion among internet users;<\/span><\/li>\n
      • the Respondent has sought to keep its name and contact details a secret by means of using a privacy service; and<\/span><\/li>\n
      • this is a clear case of typosquatting.<\/span><\/li>\n<\/ul>\n<\/li>\n
      • It is not possible to conceive of any legitimate or bona fide<\/em> activity in which the Respondent could register or use the domain name.<\/span><\/li>\n
      • The validity of those contentions is supported by numerous prior UDRP decisions cited by the Complainant.<\/span><\/li>\n<\/ol>\n

        B. RESPONDENT<\/span><\/p>\n

        The Respondent did not file a Response in this proceeding.<\/span><\/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": [ "Neil Brown" ], "date_of_panel_decision": "2023-12-31 00:00:00", "informal_english_translation": "

        The Complainant has established by evidence that the Panel accepts that it is the owner the following registered trademarks for:<\/span><\/p>\n

          \n
        • International trademark registration n. 1357232 for SIEMENS Healthineers (fig.), registered on October 25, 2016, in connection with classes 5, 9,10, 35, 37, 42 and 44;<\/span><\/li>\n
        • International  trademark registration n. 637074 for SIEMENS, filed on September 8, 2006, registered on March 31,1995 , in connection with classes 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 14, 16, 20, 21, 28, 35, 36, 37, 38, 40, 41 and 42;<\/span><\/li>\n<\/ul>\n

           (“the SIEMENS and SIEMENS Healthineers trademarks”).<\/span><\/p>", "decision_domains": { "slemens-healthineers.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }