{ "case_number": "CAC-UDRP-106057", "time_of_filling": "2023-12-14 13:07:56", "domain_names": [ "volkswagen-thailand.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Natalie Jürgensen (Volkswagen AG)" ], "complainant_representative": "Dr Julian Erfurth (Lubberger Lehment Rechtsanwälte Partnerschaft mbB)", "respondent": [ "MR Martins" ], "respondent_representative": null, "factual_background": "

The Complainant, Volkswagen AG, is one of the world’s leading automobile manufacturers. The Complainant owns a large portfolio of trademarks, including the well-known VOLKSWAGEN mark, which is protected by various registrations worldwide, including in the EU and in Thailand. <\/span><\/p>\n

The disputed domain name was registered on 19 June 2020 using a privacy service. The disputed domain name resolves to a website that offers various Volkswagen car models for sale.<\/p>\n

By letter dated 4 January 2023 the Complainant requested the hosting provider Bangmod Enterprise Co., Ltd. to disclose the website operator’s identity. By e-mail dated 26 January 2023, sent to <sales@volkswagen-thailand.com>, the Complainant requested that the website cease the activities carried out under the disputed domain name. The Complainant did not receive 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": "

COMPLAINANT:<\/p>\n

The Complainant contends that the disputed domain name is confusingly similar to its trademark, VOLKSWAGEN, and submits that its worldwide reputation and  trademarks VOLSWAGEN and VW have been confirmed by many UDCR panels, see Volkswagen AG v. Digi Real Estate Foundation, WIPO Case No. D2005-0952; and for the trademark VW, see Volkswagen AG v. Emir Ulu, WIPO Case No. D2005-0987, Volkswagen AG v. Swiss Recruitment, WIPO Case No. D2013-0534, Volkswagen Aktiengesellschaft v. Brocante Almere, M Pippolo, WIPO Case No. D2011-0845, Volkswagen AG v. Domainmonster.com Privacy Service\/Futurename, WIPO Case No. DQA2014-0002, and Volkswagen AG v. Domain Manager, WIPO Case No. D2004-0191.<\/span><\/p>\n

The Complainant contends that the Respondent has no rights or legitimate interests in respect of the domain name and states that:<\/p>\n

    \n
  1. its trademark VOLKSWAGEN was registered long before the registration of the disputed domain name;<\/li>\n
  2. there is no company or business relationship between the Respondent and the Complainant;<\/li>\n
  3. the Respondent is not a licensee of the Complainant nor associated with the Complainant; and<\/li>\n
  4. the website using the disputed domain name <volkswagen-thailand.com> presents itself as “Volkswagen Thailand”, a part of the Volkswagen group or at least as an official partner of Volkswagen, and features the famous VW logo and VOLKSWAGEN trademark.

    <\/li>\n<\/ol>\n

    The Complainant asserts that the Respondent has registered and is using the disputed domain name in bad faith. The Complainant states that the Respondent is intentionally attempting to attract internet users to its website who are interested in the Complainant’s products. The disputed domain name and the content of the website are designed to create the wrong impression that it is an official website of Volkswagen AG for Thailand or a website of an official Volkswagen licensee.<\/p>\n

    RESPONDENT:<\/p>\n

    No administratively compliant response has been filed.<\/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": [ "Veronica Bailey" ], "date_of_panel_decision": "2024-01-11 00:00:00", "informal_english_translation": "

    The Complainant owns the following trademarks registrations:<\/p>\n