{
    "case_number": "CAC-UDRP-107592",
    "time_of_filling": "2025-05-21 09:46:26",
    "domain_names": [
        "hiabapp.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Hiab AB"
    ],
    "complainant_representative": "Berggren Oy",
    "respondent": [
        "Martin Dalgaard (Bluefish concepts llc)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is a prominent Swedish company engaged in the provision of goods and services relating to cargo and load handling and it has been so engaged since 1944. As well as its aforesaid HIAB trademark, the Complainant has registered the &lt;hiab.app&gt; domain name which it has used in its business to offer its services by way of an internet application. It has come to the Complainant's notice that the Respondent has registered the domain name &lt;hiabapp.com&gt; (\"the Disputed Domain Name\") which incorporates the HIAB trademark and adds the term &ldquo;app&rdquo; and the generic Top Level Domain &ldquo;.com&rdquo; to construct the Disputed Domain Name. The Disputed Domain Name thus promotes an alleged \"hiab\" internet application. The Respondent has then caused the Disputed Domain Name to resolve to a webpage inviting internet users to &ldquo;(d)ownload the latest version of HIAB&ldquo; and thus makes use of the Complainant&rsquo;s trademark to promote the Respondent's alleged &ldquo;hiab&rdquo; internet application. The Complainant maintains that this is inimical to itself and its business as it generates confusion between the Complainant's official and genuine application and the Respondent's alleged \"hiab\" internet application, is misleading to internet users and gives rise to the potential for the Disputed Domain Name to be used in the future for illegitimate purposes. Accordingly, the Complainant has instituted this proceeding to have the Disputed Domain Name transferred from the Respondent 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 Name.<\/p>",
    "no_response_filed": "<p>A) COMPLAINANT<\/p>\n<ol>\n<li>The Complainant is a prominent Swedish company engaged in the provision of goods and services relating to cargo and load handling and it has been so engaged since 1944. &nbsp;<br \/><br \/><\/li>\n<li>The Complainant is the owner of the aforesaid Swedish trademark for HIAB registered number 106500, registered on June 20, 1963 and a wide range of other international registrations for&nbsp; &nbsp; &nbsp; &nbsp; HIAB (collectively &ldquo;the HIAB trademark&rdquo;).<\/li>\n<li>\n<p>The Complainant has registered the &lt;hiab.app&gt; domain name, which it has used in its business to offer its goods and services on the internet.<\/p>\n<\/li>\n<li>The Respondent registered the &lt;hiabapp.com&gt; domain name on November 7, 2023 (&ldquo;the Disputed Domain Name&rdquo;).<\/li>\n<li>\n<p>The Respondent has thus asserted that its Disputed Domain Name is invoking the availability of an internet application that it maintains is named the \"hiabapp\" application.<\/p>\n<\/li>\n<li>The Respondent has caused the Disputed Domain Name to resolve to a webpage inviting internet users to &ldquo;(d)ownload the latest version of HIAB\" and thus makes use of the Complainant&rsquo;s trademark to promote its alleged &ldquo;hiabapp&rdquo; application.<br \/><br \/><\/li>\n<li>The Disputed Domain Name is confusingly similar to the trademark as it embodies the entire HIAB trademark, adding the term &ldquo;app&rdquo; and the generic Top Level Domain &ldquo;.com&rdquo; to construct the Disputed Domain Name.<br \/><br \/><\/li>\n<li>The construction of the Disputed Domain Name would thus inculcate in the minds of internet users that it is related to and is invoking the HIAB trademark, making it confusingly similar to that trademark.<br \/><br \/><\/li>\n<li>The Respondent has no rights or legitimate interests in the Disputed Domain Name as:<\/li>\n<\/ol>\n<ul>\n<li>the Complainant acquired its trademark rights in the HIAB trademark well prior to the registration of the Disputed Domain Name;<br \/><br \/><\/li>\n<li>the Respondent is not affiliated with or related in any way to the Complainant, has not been authorized by it to register or use the Disputed Domain Name and does not carry on any activity or have any business with the Complainant;<br \/><br \/><\/li>\n<li>the Respondent is not commonly known by the Disputed Domain Name within the meaning of paragraph 4(c)(ii) of the Policy;<\/li>\n<li>\n<p>the Respondent has caused the Disputed Domain Name to resolve to a webpage that invites internet users to download its alleged &ldquo;hiabapp&rdquo; application and has thereby used the Disputed Domain Name incorporating as it does the HIAB trademark, to trade on the goodwill and reputation of the Complainant;<\/p>\n<\/li>\n<li>\n<p>the aforesaid use of the Disputed Domain Name by the Respondent is not a legitimate, non-commercial or fair use thereof within the meaning of paragraph 4(c)(iii) of the Policy; and<\/p>\n<\/li>\n<li>there is no other ground on which it could conceivably be argued that the Respondent has a right or legitimate interest in the Disputed Domain Name.<\/li>\n<\/ul>\n<ol start=\"9\">\n<li>The Respondent has registered and used the Disputed Domain Name in bad faith as:<\/li>\n<\/ol>\n<ul>\n<li>\n<p>the clear intention of the Respondent was to use the Complainant&rsquo;s famous and highly distinctive HIAB trademark to attract potential users to the Respondent&rsquo;s website where it was using the HIAB trademark to induce internet users to download the alleged &ldquo;HIAB&rdquo; application;<\/p>\n<\/li>\n<li>the necessary implication of that conduct was that internet users would be able to use the application to buy the Complainant&rsquo;s goods and services or otherwise use it to manage or use those goods and services;<br \/><br \/><\/li>\n<li>the foregoing implication was especially so, as the Complainant itself had already devised an application for its services which had brought to the notice of its clientele;<br \/><br \/><\/li>\n<li>the potential use of the Respondent&rsquo;s purported application also carried the danger of downloading malware or other dangerous content which would cause damage to internet users and would also disparage the reputation of the Complainant and its relationship with its customers;<br \/><br \/><\/li>\n<li>the Respondent had actual knowledge of the Complainant, its business and trademark at the time it, the Respondent, registered the Disputed Domain Name;<br \/><br \/><\/li>\n<li>the Respondent actively sought to conceal its bad faith by using a privacy service to register the Disputed Domain Name;<br \/><br \/><\/li>\n<li>the Respondent has sought to disrupt the Complainant&rsquo;s business within the meaning of paragraph 4(b) (iii) of the Policy;<br \/><br \/><\/li>\n<li>the Respondent&rsquo;s aforesaid conduct was calculated to and did cause confusion between the Complainant and the Respondent and their respective web presences; and<br \/><br \/><\/li>\n<li>all of the acts, facts, matter and circumstances to be established by the evidence will show that the Respondent registered and has used the Disputed Domain Name in bad faith.<\/li>\n<\/ul>\n<p><span style=\"vertical-align: inherit;\"><span style=\"vertical-align: inherit;\">Accordingly, the Complainant contends that it will be able to establish all of the elements it must prove under the Policy and that it is entitled to the relief it seeks, namely the transfer of the Disputed Domain Name from the Respondent to the Complainant.<\/span><\/span><\/p>\n<p>&nbsp;B) RESPONDENT<br \/><span style=\"vertical-align: inherit;\"><span style=\"vertical-align: inherit;\"><\/span><\/span><\/p>\n<p><span style=\"vertical-align: inherit;\"><span style=\"vertical-align: inherit;\">No administratively compliant response has been filed.<\/span><\/span><\/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><span style=\"vertical-align: inherit;\"><span style=\"vertical-align: inherit;\">The Panel is satisfied that all procedural requirements under the UDRP were met and there is no other reason why it would be inappropriate to provide a decision.<\/span><\/span><\/p>",
    "decision": "Accepted",
    "panelists": [
        "Neil Brown"
    ],
    "date_of_panel_decision": "2025-06-21 00:00:00",
    "informal_english_translation": "<p>The Complainant has established that it is the owner of the Swedish word trademark for HIAB registered number 106500, registered on June 20, 1963 and a wide range of other international registrations for HIAB (collectively &ldquo;the HIAB trademark&rdquo;).<\/p>",
    "decision_domains": {
        "hiabapp.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}