FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant, Siemens Trademark GmbH & Co. KG, is 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. The turnover of the Siemens Group in 2023 was 77 billion Euro, and the group employs more than 320.000 people worldwide.<\/span><\/p>\n Siemens Group is headquartered in Berlin and Munich. It is one of the world’s largest corporations, providing innovative technologies and comprehensive know-how to benefit customers in 190 countries. Founded more than 175 years ago, the company is active - to name but a few examples - in the fields of Medicine, Automation and Control, Power, Transportation, Logistics, Information and Communications, etc.<\/span><\/p>\n The trademarks “SIEMENS” and “SIEMENS Healthineers” of the Complainant are used in relation to medical services, equipment and solutions.<\/p>\n The Complainant owns international registration No. 1357232 “SIEMENS Healthineers” (fig.) of October 25, 2016, designating various territories and claiming protection for goods and services in classes 5, 9, 10, 35, 37, 42 and 44, as well as the international registration no. 637074 “SIEMENS” of March 31, 1995 covering more than 60 countries worldwide and claiming protection for goods and services in international classes 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 14, 16, 17, 20, 21, 28, 35, 36, 37, 38, 40, 41 and 42.<\/span><\/p>\n The disputed domain name <siemens-helthineers.com> was registered on October 24, 2023 and resolves to an inactive page.<\/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 THE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR<\/strong><\/p>\n The Complainant states that the disputed domain name <siemens-helthineers.com> is confusingly similar to its trademarks “SIEMENS“ and “SIEMENS Healthineers“, as the Complainant’s trademark “SIEMENS“ is reproduced identically within the contested domain name.<\/p>\n Furthermore, the Complainant states that the disputed domain name <siemens-helthineers.com> is highly similar or nearly identical to the “SIEMENS Healthineers“ mark, as it is reproduced integrally within the contested domain with the omission of the letter “a“ from “healthineers“. The Complainant explains that this misspelling is a typical case of “typo-squatting”, where the infringing domain name differs in merely one or two letters from the Complainant's mark, by referring to following previous cases involving domains differing from the respective earlier rights in one or two letters: Red Bull GmbH. v. Grey Design, (WIPO Case No. D2001-1035 - finding the domain name “redbul.com” confusingly similar to complainant's trademark “RED BULL”), AltaVista Company v. Saeid Yomtobian, (WIPO Case No. D2000-0937 - finding the misspellings “altabista.com” and “altaista.com” confusingly similar to the ALTAVISTA mark); and Breitling SA, Breitling USA Inc. v. Acme Mail, (WIPO Case No. D2008-1000 where the respondent had registered the domain name “bretling.com” which differs from the trademark “BREITLING” only in the lack of the letter “i”).<\/p>\n The Complainant explains that due to the high reputation of the trademark “SIEMENS”, the public will automatically associate the disputed domain name to the marks “SIEMENS” and “SIEMENS Healthineers” and the Siemens Group. The Internet users will think that this domain name and a potential corresponding website belongs to the Siemens Group, and more precisely its subsidiary Siemens Healthineers. This is reinforced by the fact that the Siemens Group is the owner of the domain names “siemens-healthineers.com” and “siemens-healthineer.com”, etc.<\/span><\/p>\n NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME<\/strong><\/p>\n The Complainant asserts that the Respondent has no rights or legitimate interests in the domain name <siemens-helthineers.com>, as the 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”. The Complainant states that neither it, or its affiliates or subsidiaries have ever been in any connection with the Respondent.<\/p>\n The Complainant states that the disputed domain name <siemens-helthineers.com> is not in use and is parked with the Registrar. When accessing <siemens-helthineers.com> users encounter the message “This site can’t be reached”. Thus, the Respondent is not using the domain name in connection with a bona fide offering of goods or services. It has not been commonly known with this domain name.<\/p>\n The Complainant contends that due to the long extensive use of the mark “SIEMENS” throughout the world, decades prior to the registration of the domain name <siemens-healthirneers.com>, it is obvious that the Respondent is well aware of the existence of this mark, whose status and reputation has been assessed in various UDRP judgements in the past (cf. Siemens AG v. Dorofeev, Konstantin, WIPO Case No. D2013-0923, Siemens AG v. Mr. Ozgul Fatih, WIPO Case No. D2010-1771 and Nokia Corporation, Siemens AG, Nokia Siemens Networks Oy v. Chen Fang Fang, WIPO Case No. D2008-1908).<\/p>\n Under these circumstances, the nature of the disputed domain name carries a risk of implied affiliation between the Respondent, which seems to be the Respondent’s actual intention in registering this domain name. Thus, the Respondent cannot make any legitimate non-commercial or fair use of the domain name and there is nothing to suggest that the Respondent would not aim at misleadingly diverting consumers and Internet users to other sites, searching for the legitimate websites of the Siemens Group, who may mistype the Complainant's mark “Siemens Healthineers”.<\/span><\/p>\n <\/p>\n THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH<\/strong><\/p>\n The Complainant asserts that the disputed domain name < siemens-helthineers.com<\/span> > was registered in bad faith, as the Respondent clearly knew about the Complainant’s earlier rights on the trademarks “SIEMENS” and “SIEMENS Healthineers”, and the Respondent 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 by deliberately registering the disputed domain name.<\/span><\/p>\n The Complainant explains that the disputed domain name was registered with the intention of taking predatory advantage of the goodwill of the Siemens Group, in order to divert Internet traffic, intended for the legitimate website of Siemens Healthineers, to the Respondent's potential website, bearing in mind its high similarity to the Complainant’s “SIEMENS“ and “SIEMENS Healthineers“ trademarks. <\/span><\/p>\n The Complainant states that the Siemens Group already owns and uses for business purposes various domain names consisting of the sign “SIEMENS”, such as <siemens.com>, <siemens.eu>, <siemens.de>, <siemens healthineers.com>. This also shows that the Respondent chose the domain name <siemens helthineers.com>, precisely to create the impression to internet users that this is another legitimate domain address, owned and used by the Complainant or its affiliate companies.<\/p>\n Furthermore, the Complainant expresses that the disputed domain does not show any content and even holding a domain name passively amounts to use in bad faith, as accepted in previous cases (Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003; Siemens AG v. yinsi baohu yi kai qi \/ li zhe, zhe li, WIPO Case No. D2017-0375), and explained in “WIPO Jurisprudental Overview 3.0“, 3.1.4“.<\/span><\/p>\n Moreover, the Complainant explains that due to the unequivocal reputation of the Complainant, in a way of making it impossible to assume that the Respondent was not aware of the Complainant’s business and that it chose the elements “Siemens” and “He(a)lthineers” for its domain name as a mere coincidence.<\/span><\/p>\n Additionally, the Complainant states that the bad faith of the Respondent is also indicated by the scarcity of information on it on the Whois database, since all the Respondent’s details are privacy protected, identifying the Respondent becomes practically impossible.<\/span><\/p>\n Based on these grounds, the Complainant concludes the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n RESPONDENT:<\/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 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": [
"Mrs Selma Ünlü"
],
"date_of_panel_decision": "2024-11-25 00:00:00",
"informal_english_translation": " The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the trademarks bearing “SIEMENS”, inter alia<\/em>, the following:<\/p>\n The Complainant also owns several domain names containing “SIEMENS“, such as <siemens.com>, <siemens.eu>, <siemens.de>, <siemens-healthineers.com>.<\/p>",
"decision_domains": {
"siemens-helthineers.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}\n