Complainant states that it is “a subsidiary of Siemens Aktiengesellschaft, which is the ultimate mother company of the Siemens Group”; and that Siemens Group was founded “more than 175 years ago” and is “one of the world’s largest corporations, providing innovative technologies and comprehensive know-how to benefit customers in 190 countries,” employing more than 320,000 people “in the fields of Medicine, Automation and Control, Power, Transportation, Logistics, Information and Communications, etc.” Complainant further states that “Siemens Healthineers, another company of the Siemens Group, is one of the largest manufacturers of medical equipment worldwide, with approximately 54.000 employees.”<\/p>\n
The Disputed Domain Name was created on August 15, 2024, and, according to Complainant, is not being used in connection with an active website.<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the Disputed Domain Name.<\/p>", "no_response_filed": "
Complainant contends, in relevant part, as follows:<\/p>\n
Paragraph 4(a)(i): Complainant states that it has rights in the trademarks SIEMENS HEALTHINEERS and SIEMENS based on the registrations cited above; that the Disputed Domain Name is confusingly similar to the SIEMENS HEALTHINEERS trademark because the Disputed Domain Name contains the SIEMENS HEALTHINEERS trademark with the exception of a missing letter “L,” which is a misspelling that is a “typical case” of typosquatting; and that the Disputed Domain Name is confusingly similar to the SIEMENS trademark because the Disputed Domain Name contains the SIEMENS trademark in its entirety and “[d]ue to the high reputation of the trademark ‘SIEMENS’, the public will automatically associate the domain in dispute to the marks ‘SIEMENS’ and ‘SIEMENS Healthineers’ and the Siemens Group.”<\/p>\n
Paragraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Name because, inter alia, “Respondent is not and has never been one of the Complainant’s representatives, employees or one of its licensees, nor is otherwise authorized to use the trademarks ‘SIEMENS’ or ‘SIEMENS Healthineers’; “Complainant does not have any connection with the Respondent”; “[n]o such relation has ever been established between the Respondent and Siemens AG, or any of its affiliates or subsidiaries”; because the Disputed Domain Name is not used in connection with an active website, “Respondent is not using the domain name in connection with a bona fide offering of goods or services”; and Respondent “has not been commonly known with this domain name.”<\/p>\n
Paragraph 4(a)(iii): Complainant states that the Disputed Domain Name was registered and is being used in bad faith because, inter alia, “Respondent clearly knew about the Complainant’s earlier rights on the trademarks ‘SIEMENS’ and ‘SIEMENS Healthineers’” because the Disputed Domain Name “identically contains the famous trademark ‘SIEMENS’, and is highly similar to the Complainant’s combined trademark ‘SIEMENS Healthineers’,” which is “intended to usurp the strong global reputation of these trademarks, in order to confuse the public and cause damage to the Complainant in disrupting its business”; and “the passive holding of a domain name amounts to use in bad faith” where, as here, “a domain name… is identical or confusingly similar to a famous or widely known trademark by an unaffiliated entity.”<\/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 UDRP).<\/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 UDRP).<\/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 UDRP).<\/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": [ "Douglas Isenberg" ], "date_of_panel_decision": "2024-11-20 00:00:00", "informal_english_translation": "
Complainant states that it is “a trademark holding company, licensing the trademarks at issue within Siemens Group.”; and that the Complaint is based on the following trademark registrations, for which Complainant provided supporting documentation: Int’l Reg. No. 1,357,232 for SIEMENS HEALTHINEERS (registered October 25, 2016); and Int’l Reg. No. 637,074for SIEMENS (registered March 31, 1995).<\/p>", "decision_domains": { "siemensheathineers.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }