The Complainant, Siemens Trademark GmbH & Co. KG, is a trademark holding company, licensing the trademarks at issue within Siemens Group. The Complainant is a subsidiary of Siemens Aktiengesellschaft, mother company of the Siemens Group. Siemens Group is headquartered in Berlin and Munich. It is one of the world’s largest corporations, providing innovative technologies and comprehensive know-how to benefit customers in 190 countries.<\/p>\n
Among trademarks held by the Complainant, the Complaint is based on: <\/p>\n
The disputed domain name was registered on September 19, 2023. <\/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": "
The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/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 Complainant requests that the language of this administrative proceeding be English pursuant to UDRP Rule 10(b): “In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.” Complainant makes this request in light of the potential Chinese language Registration Agreement of the disputed domain name involved at this Complaint.<\/p>\n
Paragraph 10 of the UDRP Rules vests a Panel with authority to conduct the proceedings in a manner it considers appropriate while also ensuring both that the parties are treated with equality, and that each party is given a fair opportunity to present its case. UDRP panels have found that certain scenarios may warrant proceeding in a language other than that of the registration agreement. Such scenarios were summarized into WIPO Jurisprudential Overview 3.0, 4.5.1. In this particular instance, the Complainant tried to request change of languages of proceedings in light of Chinese language Registration Agreement by showing that 1) The dispute domain name contains generic Latin characters suggesting that the Respondent has some grasp of the English language; and 2) the translation of the Complaint would unfairly disadvantage and burden the Complainant and delay the proceedings and adjudication of this matter.<\/p>\n
In light of the scenarios and equity, the Panel is of the view that conducting the proceeding in English is unlikely to heavily burden the Respondent, and it is likely that the Respondent can understand the English language based on a preponderance of evidence test. Without further objection from the Respondent on the issue, the Panel will proceed to issue the decision in English.<\/p>", "decision": "Accepted", "panelists": [ "Carrie Shang" ], "date_of_panel_decision": "2024-01-16 00:00:00", "informal_english_translation": "
The Complainant, Siemens Trademark GmbH & Co. KG, is a trademark holding company, licensing the trademarks at issue within Siemens Group. The Complainant is a subsidiary of Siemens Aktiengesellschaft, mother company of the Siemens Group. Siemens Group is headquartered in Berlin and Munich. It is one of the world’s largest corporations, providing innovative technologies and comprehensive know-how to benefit customers in 190 countries.<\/p>\n
Among trademarks held by the Complainant, the Complaint is based on: <\/p>\n
International Registration No. 1357232 “SIEMENS Healthineers” (fig.) of October 25, 2016, in the name of Siemens Trademark GmbH & Co. KG, designating various territories and claiming protection for goods and services in classes 5, 9, 10, 35, 37, 42 and 44;<\/p>\n<\/li>\n
International registration No. 637074 “SIEMENS” of March 31, 1995 in the name of Siemens Trademark GmbH & Co. KG, covering more than 60 countries worldwide and claiming protection for goods and services in international classes 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 14, 16, 17, 20, 21, 28, 35, 36, 37, 38, 40, 41 and 42.<\/p>\n<\/li>\n<\/ul>\n
The Respondent has not submitted anything in relation to rights to the disputed domain name.<\/p>", "decision_domains": { "siemens-healthinneers.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }