According to the information provided by the registrar the disputed domain name <frankke.com> was registered on 12 April 2023.<\/p>\n
The disputed domain name resolves to a pay-per-click parking page. In addition, MX records have been set up.<\/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
According to the evidence submitted Complainant is part of the Franke Group, a global group of companies based in Switzerland, originally founded in 1911. For over 100 years, the Franke Group has provided innovative devices and systems for kitchens, bathrooms, professional foodservices and coffee preparation. The Franke Group’s cooking systems especially aim at providing high quality systems tailored to the style and needs of each, professional and individuals. The Franke Group employs over 8,000 persons in 36 countries.
According to Complainant the disputed domain name is confusingly similar to Complainant's trademark. Complainant asserts that the disputed domain name incorporates a misspelled version of Complainant’s registered and widely known trademark FRANKE, to which has been added another letter “n”. It is a typosquatting situation. Complainant’s trademark FRANKE has been on purpose misspelled in the disputed domain name to capitalize on Internet users’ possible typing or reading errors when looking for information, or to communicate with Complainant online. The FRANKE trademark is clearly recognizable in the disputed domain name.
According to Complainant, Respondent has no rights or legitimate interest in the disputed domain name. Complainant has not licensed or authorized Respondent to register or use the disputed domain name, nor is Respondent affiliated to Complainant in any form. There is no evidence that Respondent is known by the disputed domain name or owns any corresponding registered trademarks. Moreover, the structure of the disputed domain name – incorporating a misspelled version of Complainant’s trademark FRANKE, by the addition of a second letter “n” - reflects Respondent’s intention to create an association, and a subsequent likelihood of confusion, with Complainant. Such use of a misspelled version of Complainant’s trademark FRANKE in the disputed domain name shows Respondent’s attempt to capitalize on Internet users’ possible errors when typing Complainant’s trademark or reading the disputed domain name.
Furthermore, the disputed domain name resolves to a pay-per-click page. In similar circumstances, it has been held that the use of a domain name (that is identical or confusingly similar to a trademark) as a parking page that generates click through revenue does not give rise to rights or legitimate interests. Moreover, active MX records are associated to the disputed domain name. It is very likely that a corresponding fraudulent email address may be used.
For the foregoing reasons, Respondent has no rights or legitimate interests in respect of the disputed domain name,<\/p>\n
According to Complainant the disputed domain name is registered and is being used in bad faith. The structure of the disputed domain name shows that Respondent registered it having Complainant and its FRANKE trademark in mind. It reflects Respondent’s clear intention to create an association, and a subsequent likelihood of confusion, with Complainant’s trademark in Internet users’ mind.<\/p>\n
Furthermore, the disputed domain name resolves to a pay-per-click page. Complainant submits that when it is a situation of typosquatting combined with the fact that the disputed domain name resolves to a parking page with pay-per-click links, this is an indication of bad faith, and it does not show any possible good faith use to which the disputed domain name may be put by Respondent.
Respondent:
No administratively compliant Response has been filed.<\/p>",
"rights": "
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 Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).<\/p>", "no_rights_or_legitimate_interests": "
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": "
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": [ "Dinant T.L. Oosterbaan" ], "date_of_panel_decision": "2024-07-12 00:00:00", "informal_english_translation": "
Complainant is the owner of international trademark nr. 387826 FRANKE, date of registration 17 February 1972, and of trademark FRANKE registered with the United States Patent and Trademark Office, registration date 9 February 1989. <\/p>", "decision_domains": { "frannke.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }