{
    "case_number": "CAC-UDRP-107336",
    "time_of_filling": "2025-03-11 09:55:00",
    "domain_names": [
        "negoziosiemens.com",
        "negozio-siemens.com"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Siemens Trademark GmbH & Co. K"
    ],
    "complainant_representative": null,
    "respondent": [
        "CONTA LOJAS",
        "Host  Master (  Njalla Okta LLC )"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a subsidiary of Siemens Aktiengesellschaft, which is the ultimate mother company of the Siemens Group, which is one of the world&rsquo;s largest corporations, active in the fields of Medicine, Automation and Control, Power, Transportation, Logistics, Information and Communications, etc. The turnover of the Siemens Group for 2024 was EUR 75.9 billion, and the group employs more than 325 000 people worldwide.&nbsp;<\/p>\n<p>The Complainant owns the domain names &lt;siemens.com&gt;, &lt;siemens.eu&gt;, &lt;siemens.de&gt;, and &lt;siemens-healthineers.com&gt;.<\/p>\n<p>The disputed domain name &lt;negoziosiemens.com&gt; was registered on 12 January 2025, and the disputed domain name &lt;negozio-siemens.com&gt; was registered on 17 February 2025. They are currently inactive. At the time of filing of the Complaint, they resolved to identical websites displaying the header \"Siemens Healthineers\" and offering various healthcare-related products.<\/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<p>The Complainant submits that the disputed domain names are confusingly similar to the SIEMENS trademark, because they incorporate it in combination with the Italian dictionary word &ldquo;negozio&rdquo; which means &ldquo;shop&rdquo; in English. According to the Complainant, Internet users will think that the disputed domain names and the associated websites belong to the Complainant.<\/p>\n<p>The Complainant asserts that the Respondents have no rights or legitimate interests in respect of the disputed domain names, because they have never been representatives or licensees of the Complainant and are not using the disputed domain names in connection with a bona fide offering of goods or services.<\/p>\n<p>The Complainant contends that the disputed domain names were registered and are being used in bad faith. According to it, the content of the websites at the disputed domain names shows that the Respondents are well aware of the SIEMENS trademark and have registered the disputed domain names with an intent to usurp the strong global reputation of this trademark in order to confuse the public for commercial gain and cause damage to the Complainant. The Complainant points out that the Respondents engage in fraud and trademark infringement by reproducing within the websites at the disputed domain names the SIEMENS trademark, key visuals and branding design of the Complainant and its affiliate company Siemens Healthineers, and by further impersonating Siemens Healthineers with the use of text entries in Italian such as &ldquo;We are pioneers in the health sector. For everyone. Anywhere. In a sustainable wait&rdquo; (translated from Italian). According to the Complainant, the Respondents attempt to confuse Italian consumers into believing that the websites at the disputed domain names are legitimate Siemens Healthineers websites for the Italian market and that the products offered for sale on these websites are legitimate products of the Complainant.<\/p>\n<p>&nbsp;<\/p>\n<p>RESPONDENTS:<\/p>\n<p>The Respondents did not submit a Response in this proceeding.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are identical or confusingly similar to the SIEMENS trademark 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 Respondents 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>",
    "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>",
    "procedural_factors": "<p>Procedural issue &ndash; Consolidation of multiple Respondents<\/p>\n<p>The amended Complaint was filed in relation to two nominally different domain name registrants. The Complainant requests the consolidation of the Complaint against them pursuant to paragraph 10(e) of the Rules.<span> According to it, the two disputed domain names are under common control, even though their registrants have different names and contact details, because the only difference between the disputed domain names is the addition of a hyphen between &ldquo;negozio&rdquo; and &ldquo;siemens&rdquo; in the disputed domain name &lt;negozio-siemens.com&gt;, and the websites at the disputed domain names have identical content and layout. The Complainant adds that the disputed domain name &lt;negozio-siemens.com&gt; was registered immediately after the Complainant took down the website at the other disputed domain name &lt;negoziosiemens.com&gt; through a takedown request, which indicates that the same entity registered the disputed domain name &lt;negozio-siemens.com&gt; in order to overcome the takedown of the website at the other disputed domain name.<\/span><\/p>\n<p>The registrants of the two disputed domain names did not submit any comments or objections to the Complainant&rsquo;s consolidation request.<\/p>\n<p>Paragraph 3(c) of the Rules states that a complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder. In addressing the Complainant&rsquo;s request, the Panel will consider whether the disputed domain names are subject to common control, and whether the consolidation would be fair and equitable to all Parties. See WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Third Edition (&ldquo;WIPO Overview 3.0&rdquo;), section 4.11.2.<\/p>\n<p>As regards common control, the Panel notes that the two disputed domain names share the elements &ldquo;negozio&rdquo; and &ldquo;siemens&rdquo;, which makes them very similar to each other and to the distinctive SIEMENS trademark. The evidence also shows that the websites at the two disputed domain names are identical. In the absence of any allegation or evidence pointing to a different conclusion, the above supports a finding that the two disputed domain names are under common control.<\/p>\n<p>As regards fairness and equity, none of the Parties has expressed any concerns, and the Panel sees no reason why the consolidation of the disputes would be unfair or inequitable to any of them.<\/p>\n<p>Accordingly, the Panel decides to consolidate the disputes regarding the nominally different disputed domain name registrants in a single proceeding.<\/p>\n<p>Having resolved the above procedural issue, the Panel is satisfied that all procedural requirements under the UDRP were met and there is no reason why it would be inappropriate to provide a decision.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2025-04-09 00:00:00",
    "informal_english_translation": "<p>The Complainant is the owner of the International trademark SIEMENS with registration No. 637074, 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 (the &ldquo;SIEMENS trademark&rdquo;).<\/p>",
    "decision_domains": {
        "negoziosiemens.com": "TRANSFERRED",
        "negozio-siemens.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}