{ "case_number": "CAC-UDRP-107699", "time_of_filling": "2025-08-14 14:00:54", "domain_names": [ "bilstein.shop" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "thyssenkrupp Bilstein GmbH" ], "complainant_representative": null, "respondent": [ "Ingo Knarr" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/span><\/p>\n

 <\/span><\/p>\n

In 1873, the Complainant’s predecessor company was founded by August Bilstein in Altenvoerde, Westphalia. In 1927, the company then had its first experience as an automotive supplier: The son of the founder Hans Bilstein started on the road to the automotive accessories industry in 1927 by cooperating with the Berlin-based Levator-Hebezeug-Fabrik, which was taken over in 1930. This also brought their crane production to Bilstein, which was only discontinued in 1992 after the takeover by Krupp. 1954 saw the start of development of the monotube gas pressure shock absorber based on the de carbon principle: Bilstein builds the first gas pressure shock absorber based on an idea by the French vibration researcher Bourcier de Carbon. In it, a gas pressure cushion compensates for the difference in volume when the piston moves in and out. From 1957, gas pressure shock absorbers were produced for Mercedes-Benz original equipment. In 1991, the company was taken over by Krupp Stahl AG; the company initially traded as Krupp Bilstein GmbH; after the merger of the Thyssen and Krupp groups, the company was renamed ThyssenKrupp Bilstein. The Complainant also maintains a strong online presence and operates its main webpage at “www.bilstein.com”, which it registered on August 8, 1996. The Complainant is also the registrant of other domain names containing its trademark and company name “Bilstein”.<\/span><\/p>\n

 <\/span><\/p>\n

The disputed domain name was registered on March 5, 2025 and resolves to a page displaying the message „Domain parked. This domain is managed with <easyname.com>. Prior to this, the disputed domain name automatically redirected users to the website at www.tunership.de. On April 1, 2025, the Complainant had entered into a Permit Agreement with a company by the name of TUNERSHOP GmbH in which it granted a limited license to use the BILSTEIN trademark for the purpose of promoting the sale of the Complainant’s products.<\/p>\n

 <\/span><\/p>\n

On July 10, 2025, the Complainant sent a demand letter to the Respondent, at an email address that includes the domain name tunershop.com. In subsequent correspondence, the Respondent did not accede to the Complainant’s request for a voluntary transfer of the disputed domain name but claimed not to be the registrar or domain holder and suggested that the Complainant contact the domain holder to ask if they would be willing to sell the domain.<\/p>\n

 <\/p>\n

 FACTS ASSERTED BY THE RESPONDENT AND NOT CONTESTED BY THE COMPLAINANT:<\/p>\n

 <\/p>\n

Media & Sports e.K. is a service agency for internet services, hosting, and the creation of online presences. Media & Sports e.K. is registered in the commercial register of the Hof District Court under HRA 4521. Media & Sports e.K. serves, among others, TUNERSHOP GmbH, one of the largest online retailers of tuning parts, which sells car accessories worldwide.<\/p>\n

 <\/p>\n

TUNERSHOP GmbH sells original BILSTEIN products and has been authorized by thyssenkrupp Bilstein GmbH to use the \"Bilstein\" trademark. TUNERSHOP GmbH has commissioned Media & Sports e.K. to create an online shop for original Bilstein products under the domain www.BILSTEIN.shop and to provide technical support.<\/p>\n

 <\/p>\n

After TUNERSHOP GmbH was informed that thyssenkrupp Bilstein GmbH would not approve the planned online shop, the project was terminated. The domain is currently not used commercially. The domain is currently not used commercially.<\/p>\n

 <\/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": "

THE COMPLAINANT:<\/span><\/p>\n

The disputed domain name is identical or confusingly similar to the Complainant’s trademark as it contains the entirety of the trademark and adds only the „.shop“ top-level domain.<\/p>\n

 <\/p>\n

 The Respondent has no rights or legitimate interests in the disputed domain name where it is not commonly known thereby, it registered the disputed domain name without authorization and in violation of an agreement between the Complainant and TUNERSHOP GmbH, it formerly redirected the disputed domain name to its the www.tunershop.de website which sells a variety of automobile parts and related products, and, after the Complainant sent its demand letter to the Respondent, the disputed domain name resolves to a registrar parking page with no substantive content.<\/p>\n

 <\/span><\/p>\n

The disputed domain name was registered and is used in bad faith where the Respondent had prior knowledge of the Complainant’s trademark and based on the above-mentioned activities.<\/p>\n

 <\/span><\/p>\n

THE RESPONDENT:<\/p>\n

 After TUNERSHOP GmbH was informed that thyssenkrupp Bilstein GmbH would not approve the planned online shop, the disputed domain name will be a non-commercial price comparison portal for original Bilstein products. In any case, no registered trademarks will be used, and a disclaimer will be clearly positioned stating: \"The website operator is not a group company of thyssenkrupp Bilstein GmbH.\"<\/span><\/p>\n

 <\/p>\n

At no time was there any malicious use or intent to deceive website visitors or using the domain names in bad faith.<\/p>\n

THE COMPLAINANT’S SUPPLEMENTAL SUBMISSION:<\/p>\n

 <\/p>\n

After the Response was filed, the Complainant submitted a further pleading titled “Response to Respondent's reply” and this has been accepted by the Panel.<\/p>\n

 <\/p>\n

This further pleading restates that “The Respondent was never authorized by the Complainant to register or hold a domain name consisting of the BILSTEIN mark.”. It goes on to highlight the fact that “[t]he disputed domain was registered on 5 March 2025. The Respondent claims that he can rely on alleged permission under the Authorization of Use Agreement. However, this Agreement was only concluded on April 1, 2025. Furthermore, the Agreement does not contain any permission to register the BILSTEIN trademark as a domain name.”.<\/p>\n

 <\/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": [ "Steven Levy" ], "date_of_panel_decision": "2025-09-12 00:00:00", "informal_english_translation": "

The Complainant is the owner of many trademark registrations including the following examples:<\/p>\n