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Old 20th March 2009, 09:35 PM
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hänchen.com German IDN - WIPO case decision.

The respondent did not file an answer so lost the case. The complainant used "Domain Tools" data as part of their complaint.

http://www.wipo.int/amc/en/domains/d...2009-0079.html

A. Complainant
Identical or confusingly similar

According to the Complainant, the domain name <hänchen.com> is identical or confusingly similar to the trademark HÄNCHEN. Referring to previous UDRP cases, the Complainant emphasizes that the fact that the domain name <hänchen.com> is a translation by i-nav Software from <xn—hnchen-bua.com> does nothing to change this.

Rights or Legitimate Interests

The Complainant states that the Respondent has no rights or legitimate interests in the disputed domain name. The Complainant contends that there is no evidence of the Respondent’s use or demonstrable preparations to use the domain name and that the Respondent is not offering goods or services under the domain name, but only parking the domain name itself. The Complainant asserts that there is no other evidence showing a noncommercial or fair use of the domain name either. The Complainant submits evidence, which consists of a printout of the Respondent’s website of January 19, 2009 in the English language (the language can be selected). This printout shows a website with sponsored listings provided by Sedo’s Domain Parking, a facilitator of domain name parking pages. On the website, there is a link with the text “this domain name may be for sale by its owner.” Additionally, the Complainant submits as evidence a screenshot of the Respondent’s website in the German language. This contains a link with the text: “Die Domain wird vom Inhaber zum Verkauf angeboten”. Further, the German version of the website contains among others sponsored links to websites of competitors of the Complainant.

The Complainant states that the Respondent is not commonly known by the domain name, nor is he the owner of any trademarks or service marks similar to the disputed domain name.

Furthermore, the Complainant contends that it has not given the Respondent permission or license to use the HÄNCHEN trademarks in the domain name and that there is no relationship between the Complainant or any of its subsidiaries and the Respondent.

Registered and Used in Bad Faith

The Complainant asserts that the Respondent registered and uses the disputed domain name in bad faith since the Respondent only has a commercial interest in selling the domain name and not in using the domain name other than as a parking page. The Complainant refers to the printout and screenshot from the Respondent’s website and a screenshot and printout of January 19, 2009 from the website <sedo.de>. On both websites, the disputed domain name is offered for sale.

Further, the Complainant contends that the Respondent registers domain names similar to well-known trademarks to benefit financially. The Complainant refers to several UDRP cases in which the panel ordered a transfer of domain names of the Respondent which were similar to (well-known) trademarks (Audi AG v. Emir Ulu, WIPO Case No. D2005-1030; Volkswagen AG v. Emir Ulu, WIPO Case No. D2005-0987; Rotkäppchen Setkellnerei GmbH v. Emir Ulu, WIPO Case No. D2005-0374 Würtembergische Versicherung AG v. Emir Ulu, WIPO Case No. D2006-0278. Referring to evidence consisting of a screenshot from the website “domaintools. com”, the Complainant also states that the Respondent is the registrant of more than 500 domain names.

In addition, the Complainant asserts that the absence of rights and legitimate interests in the HÄNCHEN trademark and the lack of any contradictory evidence of the Respondent suggest opportunistic bad faith (the Complainant refers to Audi AG v. Emir Ulu, supra).

B. Respondent
The Respondent did not file a Response.
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Old 21st March 2009, 12:03 AM
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Re: hänchen.com German IDN - WIPO case decision.

Moral of the story:

#1 don't reg trademarks.. although this term seems to translate to "chicken"
#2 domain parking is a dangerous game these days quote: ..but only parking the domain name itself..
#3 setting the option to display "this domain may be for sale" is asking for trouble. I don't know about Sedo, but NameDrive have a softer option of "contact the owner"
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Old 21st March 2009, 12:09 AM
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Re: hänchen.com German IDN - WIPO case decision.

Seems to me that the real lesson here is that if you don't respond, then you lose.

Quote:
Originally Posted by Alphamale View Post
Moral of the story:

#1 don't reg trademarks.. although this term seems to translate to "chicken"
#2 domain parking is a dangerous game these days quote: ..but only parking the domain name itself..
#3 setting the option to display "this domain may be for sale" is asking for trouble. I don't know about Sedo, but NameDrive have a softer option of "contact the owner"
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All offers to sell are void.
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Old 21st March 2009, 01:01 AM
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Re: hänchen.com German IDN - WIPO case decision.

Dude's got a BIG target painted on his back.
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Old 21st March 2009, 05:10 PM
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Re: hänchen.com German IDN - WIPO case decision.

Quote:
Originally Posted by Alphamale View Post
#1 don't reg trademarks.. although this term seems to translate to "chicken"
According to a German domainer at DNF, "Hähnchen" means chicken, not Hänchen. Seems many of the online translators have this for 'chicken' as well. Drew right....this guy has a bad track record.
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