{ "case_number": "CAC-UDRP-107234", "time_of_filling": "2025-01-23 09:31:45", "domain_names": [ "thyssenkruppuhde.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Dr. Claudia Pappas (thyssenkrupp AG- thyssenkrupp Intellectual Property GmbH)", " thyssenkrupp Uhde GmbH " ], "complainant_representative": null, "respondent": [ "NameInvest Inc. - Registered Office " ], "respondent_representative": null, "factual_background": "

Complainant states that it is “a globally recognized leader in the planning, construction, and servicing of chemical plants”; that it was “[f]ounded in Dortmund in 1921 by Friedrich Uhde”; that after a number of acquisitions and mergers, it “became part of ThyssenKrupp Technologies” in 1999; that it has “more than 100.000 employees and a revenue of more than 38 billion EUR in fiscal 2022\/2023”; and that “[i]t is one of the world’s largest steel producers and was ranked tenth largest worldwide by revenue in 2015.”<\/p>\n

The disputed domain name was created on April 8, 2022, and, as stated in the Complaint, “resolves to a website with no content” (although a screenshot included with the Complaint shows that the disputed domain name is used in connection with what appears to be a monetized parking, or “pay-per-click” website, with links labelled (as translated from German) “Electronics Development Service,” “CNC Offer” and “Commercial Register Extract”). Complainant states, and provides evidence in support thereof, that “Respondent explicitly offered the disputed domain for sale to the Complainant.”<\/p>\n

Complainant states that Respondent “has repeatedly engaged in registering domains containing trademarks of prominent companies, only to offer these domains for sale at inflated prices,” citing LEGO Juris A\/S v. Nameinvest Inc. \/ E.B<\/em>, WIPO Case No. D2014-0803 (transfer of <lego-wear.com>); Deutsche Lufthansa AG v. Emma Boiton \/ NameInvest Inc.<\/em>, Forum Claim No. 1811218 (transfer of <lufthansa.shop>); and Weight Watchers International, Inc. v. NameInvest Limited<\/em>, WIPO Case No. DCH2009-0024 (transfer of <weightwatcher.ch>).<\/p>\n

Complainant also states, and provides evidence in support thereof, that Respondent registered the domain name <thyssenkrupp-industrials.de> in 2019, which Complainant “out of necessity” purchased from Respondent; and that Respondent has registered additional domain names that it has offered for sale to Complainant.<\/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 contends, in relevant part, as follows:<\/p>\n

Paragraph 4(a)(i): Complainant states that it has rights in the THYSSEN, THYSSENKRUPP and UHDE trademarks based on the registrations listed in the Complaint, including those cited above; and that the disputed domain name is confusingly similar to these trademarks because “the elements of the disputed domain are identical to the complainant's trademarks ‘thyssenkrupp’, ‘ThyssenKrupp’ and ‘Uhde’” and “[t]he combination of these marks into a single domain name does not diminish the distinctiveness of either mark [but] [i]nstead, it reinforces the association with the Complainant trademarks.”<\/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’s registration of the disputed domain name, given the widespread use of the Complainant’s ‘thyssenkrupp’ and ‘uhde’ mark and the Respondent’s lack of association with the Complainant, constitutes an attempt to derive unjustified commercial benefit on the back of the Complainant’s rights”; “Respondent has no prior right in the contested domain name”; “Respondent thus purchased\/registered the disputed domain name containing the Complainant’s well-known trademarks at least in order to benefit from the Complainant’s reputation”; and “[f]ree riding on the rights of another does not constitute a bona fide use of a 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, “[t]he Respondent’s bad faith is evident and underscored by a pattern of behavior that involves the deliberate registration of domains incorporating well-known trademarks, including the Complainant’s trademarks, with the sole intent of profiting financially at the expense of trademark owners”; the passive-holding doctrine applies given “the well-known status of the mark and the absence of rights or legitimate interests of the 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": [ "Douglas Isenberg" ], "date_of_panel_decision": "2025-02-27 00:00:00", "informal_english_translation": "

Complainant states that it is the owner of numerous trademarks that consist of or contain THYSSEN, THYSSENKRUPP and UHDE. The Complaint contains extensive schedules of registrations for these trademarks but does not provide any documentation in support thereof. However, exercising its authority pursuant to paragraph 10 of the Rules, the Panel has confirmed registrations for the following select trademarks:<\/p>\n