The Complainant is a German company part of the Continental-Group. Founded in 1871, the Complainant's group offers safe, efficient, intelligent and affordable solutions for vehicles, machines, traffic and transportation at an international level. The Complainant is one of the world's leading tyre manufacturers.<\/p>\n
The disputed domain names have all been registered on 9 November 2023.<\/p>\n
The disputed domain names <continentalsuomi.com>, <continentaldanmark.com>, <continentalsverige.com>, <continentalnorge.com>, <continentalbelgique.com>, <continentalcanada.com>, <continentalsouthafrica.com>, <continentalsuisse.com>, <continentalireland.com> and <continentalaustralia.com> have been registered by the Respondent Charlie Long.
The disputed domain names <continentaldeutschland.com>, <continentalfrance.com>, <continentalbelgie.com>, <continentalitalia.com>, <continentalnederland.com>, <continentalespana.com>, <continentalschweiz.com>, <continentalosterreich.com> and <continentalportugal.com have been registered by the Respondent Dylan Pratt.
The disputed domain names <continentalmagyarorszag.com>, <continentalbulgaria.com>, <continentallietuva.com>, <continentalslovenija.com>, <continentalsrbija.com>, <continentalromania.com>, <continentalgreece.com>, <continentalturkiye.com> and <continentaleesti.com> have been registered by the Respondent James Booth.
The disputed domain names <continentalchile.com>, <continentalhrvatska.com>, <continentalcolombia.com>, <continentalmexico.com>, <continentaluruguay.com> and <continentalargentina.net> have been registered by the Respondent Maya Howe.
The disputed domain names <continentalisrael.com>, <continentaljapan.com> and <continentalkuwait.com> have been registered by the Respondent Amber Elliott.<\/p>\n
The disputed domain names resolve to websites displaying, and purportedly offering for sale, tyres bearing the Complainant’s mark at discounted prices. <\/p>\n
On March 1, 2024 and on March 7, 2024, the Complainant sent to the Registrar of the disputed domain names two cease and desist letters. In said letters, the Complainant informed the Registrar of the Complainant's earlier rights on the CONTINENTAL mark and asked for the Registrar’s assistance to remedy to the registration and use of the allegedly infringing disputed domain names. Moreover, the Complainant asked the Registrar to provide the contact information of the holders of the disputed domain names. Neither the Registrar, nor the Respondents, replied to the Complainant's cease and desist letters.<\/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 names.<\/p>", "no_response_filed": "
Preliminary, the Complainant requests the consolidation of the Respondents in respect of the disputed domain names, maintaining that all of them are under common control. In particular, the Complainant notes similarities in the naming pattern of the disputed domain names as all of them contain the word “continental”, combined with a geographical indicator. Moreover, the Complainant points out that the content on the disputed domain names has exactly the same layout, headers, footers and products offered for sale. The disputed domain names were registered by the various Respondents within a closely aligned timeframe and all the disputed domain names have the same Registrar. The contact details of the registrants of the disputed domain names are also similar, especially the city and country of the registrants is the same and the provided email addresses have a similar pattern.<\/p>\n
The Complainant contends that the disputed domain names are confusingly similar to the Complainant's mark as they all include the trademark CONTINENTAL together with different country names. The country names will be seen as an intention to refer to a country version of the Complainant's website at \"www.continental.com\". <\/p>\n
<\/p>\n
The Complainant further contends that the Respondent lacks rights or legitimate interests in the disputed domain names. The Complainant does not carry out any activity for, nor has any business with the Respondent. The Respondent is not a licensee of the Complainant's mark and the Complainant did not authorise the Respondent to make any use of its CONTINENTAL mark, including as part of domain names. The Respondent has not been commonly known by the disputed domain names. Considering the history and the economic success of the Complainant and its group under the trademark \/ tradename CONTINENTAL, this sign is exclusively associated with the Complainant and its group of companies throughout the world. Before any notices about the administrative proceedings were sent to the Respondents, there is no evidence of the Respondent’s use of the disputed domain names in connection with a bona fide offering of goods or services. The Respondent does not use the disputed domain names as a legitimate noncommercial or fair use. The disputed domain names resolve to websites that are copies of the Complainant's official website where the Respondent offers counterfeit Complainant's products or at least collects customers' information. According to the Complainant, customers who bought products on the Respondent's websites never received them. Accordingly, the Complainant maintains that the Respondent intends to use the disputed domain names to misleadingly divert consumers or to tarnish the Complainant's mark.<\/p>\n
<\/p>\n
Lastly, the Complainant maintains that the disputed domain names have been registered and are being used in bad faith. The Complainant's trademark CONTINENTAL is internationally well-known. Moreover, this trademark is exclusively associated to the Complainant as evidenced by an Internet search on the Google search engine. Therefore, the Respondent clearly knew the Complainant and its CONTINENTAL trademark when it registered the disputed domain names. The Respondent is using the disputed domain names to promote goods identical to those that the Complainant sells under the CONTINENTAL trademark. Accordingly, the Complainant affirms that the Respondent is using the disputed domain names to intentionally attempt to attract, for commercial gain, Internet users to its websites by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s websites. Moreover, the Complainant sent the Registrar of the disputed domain names a letter asking to take down the disputed domain names and\/or to provide the Complainant with the information of the Registrants before commencing this UDRP proceedings. However, the Complainant never received a reply to its letter. This should be considered further evidence of bad faith in the registration and use of the disputed domain names.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [ "Angelica Lodigiani" ], "date_of_panel_decision": "2024-04-20 00:00:00", "informal_english_translation": "
The Complaint is based on several trademarks of the Complainant which consist or include the sign \"Continental\" and which are registered in several countries worldwide for different goods and services in different classes. Among these trademarks, the Complainant cites in particular the following:<\/p>\n
- CONTINENTAL (figurative), International registration No. 1196449, registered on 9 August 2013, for goods and services in classes 01, 04, 06, 07, 08, 09, 11, 12, 16, 17, 18, 19, 20, 22, 24, 25, 28, 35, 37, 40, 41, 42, designating various jurisdictions worldwide;<\/span><\/p>\n - CONTINENTAL (figurative), International registration No. 1462355, registered on 24 May 2018, for goods and services in classes 04, 07, 09, 11, 12, 17, 27, 37, 38, 42, designating various jurisdictions worldwide;<\/span><\/p>\n - CONTINENTAL (figurative), International registration No. 876054, registered on 18 July 2005, for goods and services in classes 01, 06, 07, 09, 12, 14, 16, 17, 18, 19, 20, 22, 24, 25, 28, 35, 37, 40, 41, 42, designating various jurisdictions worldwide;<\/span><\/p>\n - CONTINENTAL (figurative), International registration No. 455510, registered on 1 July 1980, for goods and services in classes 01, 07, 09, 12, 16, 17, 20, 24, 25, designating various jurisdictions worldwide;<\/span><\/p>\n - CONTINENTAL (word), International registration No. 159256, registered on 28 January 1952, for goods and services in classes 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 34, designating various jurisdictions worldwide, including Italy;<\/span><\/p>\n - CONTINENTAL (figurative),International registration No. 1767662, registered on 22 December 2022, for goods and services in classes 01, 06, 07, 08, 09, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 27, 28, 30, 35, 36, 37, 38, 39, 40, 41, 42, designating various jurisdictions worldwide;<\/span><\/p>\n - CONTINENTAL (figurative), EUTM registration No. 17555731, registered on 22 May 2020, for goods and services in classes 1, 4, 6, 7, 8, 9, 10, 11, 12, 14, 16, 17, 18, 19, 20, 22, 24, 25, 27, 28, 35, 37, 38, 40, 41, 42;<\/span><\/p>\n - CONTINENTAL (figurative), EUTM registration No. 017563032, registered on 5 December 2017, for goods and services in classes 1, 4, 6, 7, 8, 9, 10, 11, 12, 14, 16, 17, 18, 19, 20, 22, 24, 25, 27, 28, 35, 37, 38, 40, 41, 42.<\/span><\/p>\n Further, the Complainant holds rights in its company name, which is Continental Reifen Deutschland GmbH, and is the owner of a number of domain names, including <continental-reifen.de\/continental-tyre.com>, which resolves to the Complainant's official website, and <continental.com>.
<\/span><\/p>",
"decision_domains": {
"continentalsuomi.com": "TRANSFERRED",
"continentaldanmark.com": "TRANSFERRED",
"continentalsverige.com": "TRANSFERRED",
"continentalnorge.com": "TRANSFERRED",
"continentalbelgique.com": "TRANSFERRED",
"continentalcanada.com": "TRANSFERRED",
"continentalsouthafrica.com": "TRANSFERRED",
"continentalsuisse.com": "TRANSFERRED",
"continentalireland.com": "TRANSFERRED",
"continentalaustralia.com": "TRANSFERRED",
"continentaldeutschland.com": "TRANSFERRED",
"continentalfrance.com": "TRANSFERRED",
"continentalbelgie.com": "TRANSFERRED",
"continentalitalia.com": "TRANSFERRED",
"continentalnederland.com": "TRANSFERRED",
"continentalespana.com": "TRANSFERRED",
"continentalschweiz.com": "TRANSFERRED",
"continentalosterreich.com": "TRANSFERRED",
"continentalportugal.com": "TRANSFERRED",
"continentalmagyarorszag.com": "TRANSFERRED",
"continentalbulgaria.com": "TRANSFERRED",
"continentallietuva.com": "TRANSFERRED",
"continentalslovenija.com": "TRANSFERRED",
"continentalsrbija.com": "TRANSFERRED",
"continentalromania.com": "TRANSFERRED",
"continentalgreece.com": "TRANSFERRED",
"continentalturkiye.com": "TRANSFERRED",
"continentaleesti.com": "TRANSFERRED",
"continentalchile.com": "TRANSFERRED",
"continentalhrvatska.com": "TRANSFERRED",
"continentalcolombia.com": "TRANSFERRED",
"continentalmexico.com": "TRANSFERRED",
"continentaluruguay.com": "TRANSFERRED",
"continentalargentina.net": "TRANSFERRED",
"continentalisrael.com": "TRANSFERRED",
"continentaljapan.com": "TRANSFERRED",
"continentalkuwait.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}