WIPO Arbitration and Mediation Center
Alternative Dispute Resolution Proceeding
Case No. DSE2017-0015
The Petitioner is Compuware Corporation of United States of America, represented by CSC Digital Brand Services AB, Sweden.
2. Domain Holder
The Domain Holder is M. J. of Poland.
3. Domain Name and Procedural History
This Alternative Dispute Resolution proceeding relates to the domain name <compuware.se>.
This Petition was filed under the Terms and Conditions of registration (the ".se Policy") and the Instructions governing Alternative Dispute Resolution proceeding for domain names in the top-level domain .se (the ".se Rules").
The WIPO Arbitration and Mediation Center ("the Centerˮ) verified that the Petition satisfied the formal requirements of the .se Policy and the .se Rules. In accordance with Section 13 of the .se Rules, the Center formally notified the Domain Holder of the Petition on October 10, 2017. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder's default on November 10, 2017.
The Center appointed Petter Rindforth as the sole Arbitrator in this matter on December 1, 2017. The Arbitrator has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with Section 1 of the .se Rules.
4. Factual Background
The Petitioner is a software company and the owner of the European Union trade mark (EUTM) No. 003617719 COMPUWARE (word), registered October 7, 2005 for goods and services in Classes 9, 16, 38 and 42.
The disputed domain name was created on April 5, 2016, and resolves to a website offering adult costumes and undergarments.
On September 21, 2017, the Petitioner filed a Petition with the Center for an Alternative dispute resolution for the domain name <compuware.se>, desiring that it be transferred to the Petitioner and that, if there was no response by the Domain Holder to the Petition, the case would be determined by the ADR Accelerated Proceeding.
On October 10, 2017, the Center notified the Domain Holder of the Petition, and gave the Domain Holder the possibility to respond no later than November 9, 2017. The Domain Holder did not respond within the given time.
The Petitioner claims that the domain name <compuware.se> shall be transferred to the Petitioner.
6. Parties' Contentions
The Petitioner is the owner of trademark registrations including the word COMPUWARE in various jurisdictions, including;
- Swedish national trademark registration No. 325198 COMPUWARE FILE-AID (word), registered October 17, 1997 for goods in Class 9;
- Swedish national trademark registration No. 325295 COMPUWARE ABEND-AID (word), registered October 24, 1997 for goods in Class 9;
- European Union trade mark (EUTM) No. 000858662 COMPUWARE (fig), registered September 8, 1999 for goods and services in classes 9, 16 and 42; and
- European Union trade mark (EUTM) No. 003617719 COMPUWARE (word), registered October 7, 2005 for goods and services in Classes 9, 16, 38 and 42.
The Petitioner has spent a considerable amount of time and money protecting its intellectual property rights.
The Petitioner states that the disputed domain name <compuware.se> is identical to the Petitioner's trademark COMPUWARE.
The Petitioner further states that <compuware.se> was registered and is being used in bad faith to attract users to a website that is not related to the Petitioner in an attempt to divert traffic and benefit from the goodwill and repute of the COMPUWARE trademark, by redirecting Internet users searching for the Petitioner to a website promoting adult costumes and undergarments.
The Petitioner tried to contact the Domain Holder through a Cease and Desist Letter, but received no reply, which the Petitioner notes as a strong indication of bad faith registration.
Finally, the Petitioner concludes that the Domain Holder has no rights or legitimate interest in <compuware.se>. The Domain Holder is not known by that name, does not hold rights in the name, nor is the Domain Holder using the name in its linguistic sense. The disputed Domain Name is being used in commercial operations that infringe on the Petitioner's rights.
B. Domain Holder
The Domain Holder did not file any response.
7. Discussion and Findings
A. The Domain Name is identical or similar to COMPUWARE which is legally binding in Sweden and to which the Petitioner can prove its rights.
B. Based on the record, the Arbitrator finds that the Domain Name has been registered or used in bad faith.
C. Based on the record, the Arbitrator finds that the Domain Holder has no rights or justified interest in the Domain Name.
For the foregoing reasons, in accordance with Section 21 of the .se Rules and Section 7.2 of the .se Policy, the Arbitrator orders that the domain name <compuware.se> shall be transferred to the Petitioner.
Date: December 11, 2017