{
    "case_number": "CAC-UDRP-107280",
    "time_of_filling": "2025-02-14 10:22:02",
    "domain_names": [
        "siemenslift.com ",
        " siemens-elevators.com",
        "siemens-elevatorsbd.com",
        " siemenselevatorbd.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Siemens Trademark GmbH & Co. KG"
    ],
    "complainant_representative": null,
    "respondent": [
        "Arifur Rahman (Weak Zone)",
        "Arifur Rahman (Weak Zone)"
    ],
    "respondent_representative": null,
    "factual_background": "<p><span>As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:<\/span><\/p>\n<p>(a) The Complainant is a trademark holding company, licensing the trademarks 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 2024 was 75.9 billion Euro, and the group employs more than 325.000 people worldwide.&nbsp;&nbsp;Siemens Group is headquartered in Berlin and Munich. It is one of the world&rsquo;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 in the fields of Automation and Control, Power, Transportation, Logistics, Information and Communications, Medical Technology etc. <span>The Complainant's Trademark has a global reputation. By virtue of long and extensive use, this trademark belongs to the best-known trademarks in the world today.&nbsp;<\/span><\/p>\n<p><span>(b) T<\/span>he Complainant has extremely strong indications that all the disputed domains are held and controlled by the same entity. This is because:&nbsp;<\/p>\n<ul>\n<li>All four disputed domain names are registered with the&nbsp;same Registrar;<\/li>\n<li>The websites of <span>&lt;siemenslift.com&gt;<\/span>&nbsp;and <span>&lt;siemens-elevators.com&gt;<\/span>&nbsp;are&nbsp;mirror websites&nbsp;meaning that they bear essentially&nbsp;identical content;<\/li>\n<li><span>&lt;siemens-elevators.com&gt;<\/span> and <span>&lt;siemens-elevatorsbd.com&gt;<\/span>&nbsp;were&nbsp;registered on the same date; and<\/li>\n<li>The websites of <span>&lt;siemens-elevatorsbd.com&gt;<\/span>&nbsp;and <span>&lt;siemenselevatorbd.com&gt;<\/span>&nbsp;mention the&nbsp;same physical address, namely \"<em>5\/10 B, Block A, Lalmatia Mohammadpur, Dhaka-1207<\/em>\" and&nbsp;same phone number&nbsp;&ldquo;<em>+88-01715-832244.<\/em><\/li>\n<\/ul>\n<p>(c) All the disputed domain names are being used to advertise and offer for sale elevators, escalators and related products and services under the fraudulent statement that these are commercially originated by the Siemens Group while the Siemens Group stepped out of the elevator industry more than a hundred years ago. Also, the Respondent has no relation whatsoever to the Complainant.<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain names.<\/p>",
    "no_response_filed": "<p>COMPLAINANT:<\/p>\n<div>\n<p>In addition to the above factual assertions, the Complainant also contends the following:<\/p>\n<p><br \/><span>(a)&nbsp;<\/span>The disputed domain names are confusingly similar to the Complainant&rsquo;s Trademark. Complainant's Trademark is integrally reproduced within all of them, and the additional word elements &ldquo;elevator(s)&rdquo; or &ldquo;lift&rdquo; are merely descriptive of the goods\/services advertised and offered in the respective websites. Further, the element &ldquo;bd&rdquo; appearing within some of the disputed domain names, refers to the country of Bangladesh, and has a minor impact to the visual impression of the signs, while conceptually it does nothing but introduce a geographical element to the concept of &ldquo;Siemens Elevator&rdquo;. Looking at the websites under the disputed domain names, the consumers will understand that the Respondent is offering Siemens elevators in Bangladesh.&nbsp;<\/p>\n<p>(b) The Respondent is not affiliated with the Complainant nor authorized by it in any way to use Complainant&rsquo;s Trademark. The Complainant does not carry out any activity for, nor has any business with the Respondent. The Respondent has also not been commonly known with the disputed domain names. The Respondent has not used and is not currently using the disputed domain names in connection with a bona fide offering of goods or services. Quite to the contrary, all the disputed domain names are being used to advertise and offer for sale elevators, escalators and related products and services under the fraudulent statement that these are commercially originated by the Siemens Group. Therefore, the Respondent has no rights or legitimate interests in respect of the disputed domain names.<\/p>\n<p>(c) In all four websites under the disputed domain names, the Complainant's Trademark is featured multiple times, while promotional text is added to further persuade the consumer that the counterfeit elevators being advertised are genuine Siemens products. The Respondent also uses false claim that Siemens Elevators are \"division of Siemens AG\" and also the image of a supposed \"Siemens\" elevator factory is completely fake and purposefully fabricated by the Respondent to persuade the public that the Complainant is active in the elevator industry and the Respondent is distributor of such Siemens elevators in Bangladesh. Moreover, this is not the first time that the Respondent is using fraudulent domain names to offer its counterfeit &ldquo;Siemens&rdquo; elevators. In 2023, the Complainant obtained through UDRP before the Czech Arbitration Court other 4 domains, owned, at the time, by an individual under the name &ldquo;Arifur Rahman&rdquo; (case no. CAC-UDRP-105926). These domain names, namely &lt;siemens-elevatorbd.com&gt;, &lt;siemenselevatorbd.org&gt;, &lt;siemenselevator.org&gt; and &lt;siemens-elevator.com&gt;, were very similar to the domain names disputed at present and were also used for the very same purposes. As a result, the disputes domain names have been registered and are being used in bad faith.<\/p>\n<p>RESPONDENT:<br \/><br \/>The Respondent did not provide any response to the complaint.<\/p>\n<\/div>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 Uniform Domain Name Dispute Resolution Policy (\"UDRP\" or \"Policy\").<\/p>\n<p><span>For details, please see \"Principal Reasons for the Decision\".<\/span><\/p>",
    "no_rights_or_legitimate_interests": "<p>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 names (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>\n<p><span>For details, please see \"Principal Reasons for the Decision\".<\/span><\/p>",
    "bad_faith": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain names have been registered and are being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).<\/p>\n<p><span>For details, please see \"Principal Reasons for the Decision\".<\/span><\/p>",
    "procedural_factors": "<p>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": [
        "Michal Matějka"
    ],
    "date_of_panel_decision": "2025-03-16 00:00:00",
    "informal_english_translation": "<p><span>The Complainant is the owner of the international trademark No. 637074 &ldquo;SIEMENS&rdquo;, registered on 31 March 1995 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 (\"<strong>Complainant's Trademark<\/strong>\").<\/span><\/p>\n<p><span>The disputed domain names were registered on the following dates:<\/span><\/p>\n<ul>\n<li><span> &lt;siemenslift.com&gt; 15 July 2018; <\/span><\/li>\n<li><span>&lt;siemens-elevators.com&gt; 23 December 2023;<\/span><\/li>\n<li><span>&lt;siemens-elevatorsbd.com&gt; 23 December 2023; and<\/span><\/li>\n<li><span>&lt;siemenselevatorbd.com&gt; 7 January 2024.<\/span><\/li>\n<\/ul>",
    "decision_domains": {
        "siemenslift.com ": "TRANSFERRED",
        " siemens-elevators.com": "TRANSFERRED",
        "siemens-elevatorsbd.com": "TRANSFERRED",
        " siemenselevatorbd.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}