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In the recent Uniform Domain Name Dispute Resolution Policy (UDRP) case of Sennheiser electronic GmbH & Co. KG v. jan jilek, Sennheiser, a German audio products company, won a challenge to the registration of the Respondent's domain name
In the recent Uniform Domain Name Dispute Resolution Policy (UDRP) case of Sennheiser electronic GmbH & Co. KG v. jan jilek, Sennheiser, a German audio products company, won a challenge to the registration of the Respondent's domain name Sennheiser.ai in Croatia.
Sennheiser claimed that the domain name was confusingly similar to its registered trademark and had been registered in bad faith by the Respondent. The domain name was sold on a sales platform for a whopping €139,689.34, further demonstrating the Respondent's bad faith intent.
UDRP Panel Decision
Based on the investigation conducted by the Arbitration and Mediation Center, the Panel finds that Sennheiser meets all UDRP requirements:
1. The domain name is identical or similar to the trademark to the extent that it is likely to cause confusion: the disputed domain name, Sennheiser.ai, fully encompasses the Complainant's trademark, SENNHEISER, in conjunction with the ccTLD ".ai", which is likely to cause confusion among the public.
2. The Respondent has no legitimate interests: The Complainant has not identified any legitimate interests or trade names of the Respondent in the name SENNHEISER or the disputed domain name. The Respondent has failed to provide any relevant evidence to demonstrate that it has rights or legitimate interests in the Disputed Domain Name.
3. Registration and Use in Bad Faith: The Panel notes that the Disputed Domain Name was registered and used in bad faith, particularly in light of the fact that the domain name resolves to a parked page and carries a high selling price, which suggests that the Respondent is attempting to profit from the reputation of the mark.
Case Background and Proceedings
The Complainant, Sennheiser electronic GmbH & Co. KG, is a German company founded in 1945 that specializes in the design and manufacture of audio products. The company owns numerous SENNHEISER trademarks worldwide and communicates online through several domain names.
The disputed domain name was registered on April 26, 2023 and does not resolve to an active website, but rather points to a domain name sales platform. The Panel finds that the Respondent should have been aware of the Complainant's rights at the time of registration of the disputed domain name, which further supports a finding of bad faith registration.
Final Judgment
Pursuant to Article 4(i) of the Policy and Rule 15 of the Rules, the Panel orders the transfer of the disputed domain name Sennheiser.ai to Complainant, Sennheiser electronic GmbH & Co. KG. This decision was rendered on July 11, 2024 by Panelist Richard CK van Oerle.
This case demonstrates the effectiveness of the UDRP in protecting trademark holders from bad faith domain name registrations and uses. For Sennheiser, this victory reinforces the protection of its brand's intellectual property worldwide.
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