The Complainant operates an automotive parts business that was first founded by August Bilstein in 1873 and now focuses on the manufacture of shock absorbers. It trades under the name \"Bilstein\" and operates a website at <bilstein.com>, being a domain name that was first registered in 1996.<\/p>\n
The Complainant employs approximately 4,100 people who work across production sites in Germany, Great Britain, Romania, USA, China and Mexico.<\/p>\n
In addition to use on its website, the Complainant uses the \"Bilstein\" trade mark in catalogues and print advertising. Further, it owns numerous domain names containing \"bilstein\" and it has numerous registrations around the world for trade marks consisting of, or containing, \"Bilstein\", including the above-mentioned international registration. The Complainant has asserted, and the Respondent has not disputed, that \"bilstein\" has no known generic meaning in any language. It is simply the surname of the Complainant's founder.<\/p>\n
The Respondent is a company incorporated in the United Kingdom that operates a domain name trading business. It registered the disputed domain name on 27 October 2023 at a cost of USD$18.49. At the time of the complaint the disputed domain name did not resolve to an active website. Rather it resolved to a parking page that listed it for sale at a price of USD$3,495.<\/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's rights in the BILSTEIN trademark do not appear to be in dispute. The Complainant contends it has rights in this trademark and that it is identical or confusingly similar to the disputed domain name. That particular contention is not expressly disputed by the Respondent.<\/p>\n
The Complainant contends that its BILSTEIN trademark is well-known, enjoys a high reputation and is promoted through a strong online presence. In such circumstances the Complainant further contends that: \"There can be no doubt that the Respondent had knowledge of the Complainant’s well-known trademarks and company name when registering the disputed domain name bilstein.org. In the present case, particular account must be taken of the fact that the Complainant's trademark is an unusual term consisting of the surname of his funder (sic.) August Bilstein\". Therefore, the Complainant argues that the Respondent registered the disputed domain name in bad faith and was opportunistically seeking to profit from the reputation in BILSTEIN. <\/p>\n
Finally, the Complainant further asserts that the Respondent has no rights or legitimate interests in the disputed domain name. It points to the fact the Respondent has not used the disputed domain name for an offering of goods and services. However, its primary contention appears to be that given BILSTEIN is well-known and a distinctive name there is no plausible reason for the Respondent to register the disputed domain name other than to misled consumers or benefit from the reputation in the trademark.<\/p>\n
The Respondent contends that at the time of registering the disputed domain name it had no knowledge of the Complainant's BILSTEIN trademark. It further asserts that it operates a legitimate business of trading in domain names and its offer to sell the disputed domain name for AUD$3,495 was not an inflated price but rather the value of the disputed domain name. The Respondent therefore denies that it has registered and used the disputed domain name in bad faith. Further, the Respondent contends it does have a legitimate interest in the disputed domain name by reason of its trading activities in buying and selling domain names. Finally, the Respondent does not appear to dispute the Complainant's contention that BILSTEIN is well-known and an unusual term with no generic meaning.<\/em><\/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": [
"Andrew Sykes"
],
"date_of_panel_decision": "2025-10-17 00:00:00",
"informal_english_translation": " International Trade Mark Registration No. 1025467 BILSTEIN registered from 4 November 2009 for various motor vehicle parts in class 12 and designating protection in numerous jurisdictions.<\/p>",
"decision_domains": {
"bilstein.org": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}