The Complainant, a Dutch multinational company specializing in location technology and consumer electronics, was founded in 1991 and is headquartered in Amsterdam, with major offices across Europe, Asia-Pacific, and the Americas. Its first satellite navigation devices were launched in 2004, and the company went public on the Amsterdam Stock Exchange in 2005 with a valuation of nearly €50 million. In 2014, it partnered with Volkswagen Group on Highly Automated Driving (HAD) systems. Key customers include Stellantis, Volkswagen Group, Microsoft, BMW, and Uber. By 2023, the Complainant employed over 3,800 people and operated in 29 countries, offering products like fleet management solutions through its TomTom WORK division.<\/p>\n
The disputed domain name, registered on October 18, 2018, directs to a website that unlawfully uses the Complainant’s trademarks to promote games for commercial purposes. Despite a cease-and-desist letter sent on October 30, 2024, the Respondent has failed to respond.<\/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 Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n
(i) The Complainant has rights in the TOMTOM mark, as identified in the section “Identification of Rights” above. The disputed domain name is confusingly similar to the Complainant's TOMTOM mark because it incorporates the Complainant’s mark in full, adding only the generic term “app” and the “.com” generic top-level domain (gTLD). <\/p>\n
(ii) The Respondent has no rights or legitimate interests in the disputed domain name. The Respondent is not commonly known by the disputed domain name, nor has the Complainant authorized or licensed the Respondent to use its TOMTOM mark in the domain name. The Respondent has not provided the Complainant with any evidence of its use of, or demonstrable preparations to use, the disputed domain name in connection with a bona fide<\/em> offering of goods or services before any notice of the dispute.<\/p>\n (iii) The Respondent has registered and is using the disputed domain name in bad faith. The Respondent’s bad faith at the time of registration is evident, given the long-standing and extensive use of the TOMTOM trademark, which is widely recognized worldwide, including in Japan, where the Respondent is presumed to be based. The disputed domain name, registered in 2018, years after the Complainant's trademark became well-known in the location technology and consumer electronics sectors, is identical to the TOMTOM trademark. The Respondent’s awareness of the trademark and intent to reference the Complainant are clear, as supported by the lack of response to the cease-and-desist letter and the continued misuse of the disputed domain name.<\/p>\n RESPONDENT: 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": " Language of the Proceedings<\/strong><\/p>\n The Panel notes that the Registration Agreement is in Japanese, which would typically make Japanese the language of the proceedings. However, the Complainant has requested that the proceedings be conducted in English. Under UDRP Rule 11(a), the Panel has the discretion to determine the appropriate language of the proceedings, considering the particular circumstances of the case. See Section 4.5, WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition<\/em>; see also Lovehoney Group Limited v yan zhang<\/em>, CAC 103917 (<\/em>CAC August 17, 2021)<\/em> (finding it appropriate to conduct the proceeding in English under Rule 11, despite Japanese being designated as the required language in the registration agreement).<\/p>\n The Complainant contends that: In accordance with UDRP Rule 11(a), the Panel finds the Complainant’s arguments compelling. Considering the circumstances of the case, and in the absence of a Response or any objection to the Complainant's request, the Panel decides that English shall be the language of the proceeding.<\/p>\n The Panel is satisfied that all other 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": [
"Mr. Ho-Hyun Nahm Esq."
],
"date_of_panel_decision": "2024-12-16 00:00:00",
"informal_english_translation": " The complainant owns the TOMTOM trademark under the following international registrations extended to Japan: <\/p>\n
No administratively compliant Response has been filed.<\/p>",
"rights": "
(i) the disputed domain name incorporates Latin characters, including “GPS” and the \".com\" Generic Top-Level Domain;
(ii) the Respondent, seemingly active in the gaming sector, is unlikely to be unaware of English, the primary language for international business and communication;
(iii) translating the Complaint into Japanese would incur additional costs and delays, making it unfair to proceed in Japanese;
(iv) WHOIS history database searches suggest that the Respondent is the apparent owner of two other domain names containing English words and globally recognized trademarks; and
(v) the Respondent’s website prominently displays various English words and phrases, including: “App,” “Game,” “Search,” “Best App Games,” “Merge Match March,” and “©Copyright2024 tomtomapp. All Rights Reserved.”<\/p>\n\n