{ "case_number": "CAC-UDRP-106682", "time_of_filling": "2024-07-12 09:01:16", "domain_names": [ "stiftung-warentest.net" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Nicolas Lührig (Stiftung Warentest)" ], "complainant_representative": "Lubberger Lehment Rechtsanwälte Partnerschaft mbB", "respondent": [ "Sami Kilinc" ], "respondent_representative": null, "factual_background": "

The Complainant is a German non-profit consumer organization established in 1964 by the German federal parliament with the aim of helping consumers by providing impartial and objective information on goods and services. Since founded, the Complainant has carried out about 6,500 tests and investigations of almost 2,700 services. The Complainant operates its official website at the domain name <test.de>.<\/span><\/p>\n

The disputed domain name <stiftung-warentest.net> was registered on 18 June 2024. At the time of filing of the Complaint, it resolved to a website that appeared as an official website of the Complainant and copied the design and many elements of the Complainant’s official website, featured the STIFTUNG WARENTEST trademark. The Respondent’s website also invited visitors to subscribe to the Complainant’s website at www.test.de<\/a> and included the copyright notice “© Stiftung Warentest. Alle Rechte vorbehalten”,<\/em> identical to the copyright notice on the Complainant’s website.<\/span><\/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:<\/span><\/strong><\/p>\n

The Complainant submits that the disputed domain name is identical to its STIFTUNG WARENTEST trademark, as it incorporates the trademark in its entirety.<\/span><\/p>\n

According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it has used it to operate a fake website that featured the STIFTUNG WARENTEST trademark and copied content from the Complainant’s website, appeared as operated by the Complainant, and directed visitors to submit their personal data. The Complainant points out that it does not operate the website at the disputed domain name and has not licensed the use on this website of its name, brand and copyright-protected texts and pictures, and that the lead story on this website was a \"digital euro\" that was presented as the \"test winner\", but it had never actually been tested by the Complainant. According to the Complainant, there are strong indications that the Respondent’s website is a phishing website designed to collect data of Internet users for potentially malicious purposes.<\/p>\n

The Complainant states that the disputed domain name was registered and is being used in bad faith. It points out that the disputed domain name is identical to its well-known STIFTUNG WARENTEST trademark and resolved to a website that appeared as an official website of the Complainant, which shows that the Respondent must have had knowledge of the Complainant when it registered the disputed domain name in 2024. <\/span><\/p>\n

 <\/span><\/p>\n

RESPONDENT:<\/span><\/strong><\/p>\n

The Respondent did not submit a Response in this proceeding.<\/span><\/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": [ "Assen Alexiev" ], "date_of_panel_decision": "2024-08-05 00:00:00", "informal_english_translation": "

The Complainant is the owner of a number of trademark registrations for “STIFTUNG WARENTEST” including the<\/span> German trademark STIFTUNG WARENTEST with registration No. DPMA 302018031458, registered on 10 January 2020 for services in International Classes 35, 38, 42 and 45 (the ”STIFTUNG WARENTEST trademark”). <\/span><\/p>", "decision_domains": { "stiftung-warentest.net": "TRANSFERRED" }, "panelist": null, "panellists_text": null }