{
    "case_number": "CAC-UDRP-106179",
    "time_of_filling": "2024-01-26 11:04:22",
    "domain_names": [
        " siemens-healthirneers.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Siemens Trademark GmbH & Co. KG."
    ],
    "complainant_representative": null,
    "respondent": [
        "Linda  James (Advanced Clinical Institute Inc. )"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is <span>Siemens Trademark GmbH &amp; Co. KG, a trademark holding company, licensing the trademarks at issue within Siemens Group. The Complainant is a subsidiary of Siemens Aktiengesellschaft, which is the ultimate mother company of the Siemens Group.&nbsp;<\/span><\/p>\n<p><span>The Complainant provides information on its services online inter alia at &lt;siemens.com&gt; and owns numerous domain names with its Trademark, such as&nbsp;&lt;siemens-healthineers.com&gt;.<\/span><\/p>\n<p>The disputed domain name &lt;<span style=\"font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, Oxygen, Ubuntu, Cantarell, 'Open Sans', 'Helvetica Neue', sans-serif;\">siemens-healthirneers.com&gt; was registered on November 16, 2023 and is currently not used in connection with an active website but has been linked to email addresses that have been used for <span>phishing purposes.<\/span><\/span><\/p>",
    "other_legal_proceedings": "<p>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><\/p>\n<p>COMPLAINANT:<\/p>\n<p><span>The Complainant contends that the disputed domain name is confusingly similar to the Trademark.<\/span><\/p>\n<p><span>Furthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent is not commonly known by the disputed domain name, that it is not affiliated with nor authorized by the Complainant in any way, that the Complainant does not carry out any activity for, nor has any business with the Respondent, and that neither license nor authorization has been granted to the Respondent to make any use of the Trademark or apply for registration of the disputed domain name by the Complainant.<\/span><br \/><br \/><span>Finally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. It contends that the Respondent must have been aware of the Complainant and its famous Trademark at the time of registration of the disputed domain name and that the use of the disputed domain name cannot be for any <em>bone fide<\/em> offerings. More particularly, there are present circumstances indicating that even though the disputed domain name is not used actively under a website, the Respondent has <\/span>actively taken steps into trying to mislead Siemens partners, requesting them to proceed to payments by using email addresses connected to the disputed domain name and impersonating existing Siemens Healthineers employees.<\/p>\n<p><\/p>\n<p>RESPONDENT:<\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Stefanie Efstathiou LL.M. mult."
    ],
    "date_of_panel_decision": "2024-03-01 00:00:00",
    "informal_english_translation": "<p>The Complainant owns several trademarks across various jurisdictions, including the following:<\/p>\n<ul>\n<li>International trademark registration No. 1357232 &ldquo;<strong>SIEMENS Healthineers<\/strong>&rdquo; (fig.) registered since October 25, 2016; and<\/li>\n<li>International trademark registration No. 637074 &ldquo;<strong>SIEMENS<\/strong>&rdquo; registered since March 31, 1995&nbsp;(hereinafter collectively referred to as the \"Trademark\").<\/li>\n<\/ul>",
    "decision_domains": {
        " siemens-healthirneers.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}