{
    "case_number": "CAC-UDRP-107349",
    "time_of_filling": "2025-02-25 13:44:27",
    "domain_names": [
        "thyssenkruppo.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Dr. Claudia Pappas (thyssenkrupp AG- thyssenkrupp Intellectual Property GmbH)"
    ],
    "complainant_representative": null,
    "respondent": [
        " Olutoyin  Adeoye"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is an international industrial and technology group with around 98,000 employees. In the fiscal year 2023\/2024, the company generated sales of 35 billion EUR in 47 countries. Its business activities are bundled into five segments: Automotive Technology, Decarbon Technologies, Materials Services, Steel Europe and Marine Systems. With extensive technology know-how, businesses develop innovative solutions for the challenges of the future. Around 3,900 employees work in research and development worldwide. They are mainly focused on climate protection and the energy transition, the digital transformation in industry, and the mobility of the future.<\/p>\n<p><span>The Complainant further states that its patent portfolio currently includes approximately 16,900 patents and utility models. thyssenkrupp is pursuing ambitious climate protection targets and actively optimizing its own energy and climate efficiency. At the same time, the Group is supporting its customers with advanced products to help them achieve their climate targets, thus playing a key role in advancing the green transformation. As a publicly listed company, thyssenkrupp is part of the MDAX index. thyssenkrupp shares are traded on the Frankfurt Stock Exchange (ticker symbol: TKA) and as American depositary receipts (ticker symbol: TKAMY) in the USA.<\/span><\/p>\n<p>The Complainant also maintains a strong online presence and operates its main webpage at &lt;www.thyssenkrupp.com&gt;, which it registered on December 5, 1996. It has numerous other domain names for multiple products and countries.<\/p>\n<p>The disputed domain name &lt;thyssenkruppo.com&gt; was registered on February 3, 2025 (the &ldquo;Disputed Domain Name&rdquo;).<\/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 name.<\/p>",
    "no_response_filed": "<p><\/p>\n<p>COMPLAINANT<\/p>\n<p>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. It states in particular that the Respondent is using the domain name in bad faith for fraudulent purposes. Principally, the Respondent's bad faith in registering and using the disputed domain name \"thyssenkruppo.com\" is evident through its malicious activities, which have directly harmed the Complainant and its customers. Specifically, the Respondent has used an email address linked to the disputed domain to perpetrate a phishing scheme targeting the Complainant's client. The fraudulent email impersonated the Complainant&rsquo;s legitimate business operations. It intentionally misrepresented itself as the Complainant, exploiting the goodwill and reputation of the \"thyssenkrupp\" trademark to deceive and defraud.<\/p>\n<p>In particular, such actions constitute bad faith registration and use of the disputed domain name as the Respondent has intentionally disrupted the Complainant's business and attempted to confuse consumers for its financial gain. This clear intent to exploit the Complainant's trademark for fraudulent purposes not only undermines the legitimate interests of the Complainant but also jeopardizes the trust and security of its clients. Given the Respondent&rsquo;s deliberate and harmful conduct, the transfer of the disputed domain name to the Complainant is warranted to prevent further abuse.<\/p>\n<p>The Complainant also states that Respondent's conduct emphasizes the fact that the Respondent had knowledge of the Complainant&rsquo;s well-known trademarks, company names and domains, when choosing the disputed domain name. This is because the Complainant is not only the owner of the aforementioned trademark rights, which exist and are used worldwide, but also the name \"thyssenkrupp\" is legitimately used by a large number of other companies in the Group and is part of various other legitimate domains.&nbsp;<\/p>\n<p>RESPONDENT<\/p>\n<p><span>&nbsp;Respondent has not appeared in this proceeding, but a person <\/span><span>representing himself as a website designer who registers <\/span><span>domain names for clients and designs websites<\/span><span> filed an email. <\/span><span>He states that this <\/span><span>&ldquo;<\/span><span>might be one of my clients' domains which I don't know much about, and why the<\/span> <span>domain is under dispute. I only registered the domain\/hosting for them.<\/span><span>&rdquo; <\/span><\/p>\n<p><\/p>",
    "rights": "<p>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": "<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 name (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
    "bad_faith": "<p>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": "<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": [
        "Gerald Levine Ph.D, Esq."
    ],
    "date_of_panel_decision": "2025-03-24 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of multiple trademarks in multiple jurisdictions registered under the WIPO Madrid protocol for the term <span>thyssenkrupp<\/span> in both the upper and lower cases, including:<\/p>\n<p>ThyssenKrupp Reg. 29.04.1999 Exp. Date 29.04.2029<br \/>822 Basic registration<br \/>DE, 29.04.1999, 398 60 667.6\/06<br \/>834 Designation(s) under the Madrid Protocol by virtue of Article 9sexies<br \/>AL - AM - AZ - BA - BY - CH - CN - CU - DZ - EG - HR - KE - KG - KP - KZ - LI - LR - MA - MC - MD - ME - MK - MN - MZ &ndash; RS - RU - SD - SL - TJ - UA - VN<\/p>",
    "decision_domains": {
        "thyssenkruppo.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}