About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

WIPO Arbitration and Mediation Center

Alternative Dispute Resolution Proceeding

Accelerated Proceeding

Case No. DSE2018-0005

1. Petitioner

The Petitioner is Audi AG ofGermany, represented by HK2 Rechtsanwälte, Germany.

2. Domain Holder

The Domain Holder is J. O., of Sweden.

3. Domain Name and Procedural History

This Alternative Dispute Resolution proceeding relates to the domain name <myaudi.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 Center”) 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 February 23, 2018. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder’s default on March 29, 2018.

The Center appointed Per Carlson as the sole Arbitrator in this matter on April 16, 2018. 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 the holder of inter alia the European Union (EU) trademark AUDI (No. 000018812), registered on May 26, 1998, for, among other things, land vehicles and parts thereof.

The Domain Holder is the holder of the domain name <myaudi.se>, registered on May 9, 2005.

5. Claim

The Petitioner has requested that the domain name <myaudi.se> be transferred to the Petitioner.

The Domain Holder has been invited to respond to the Petition, but has failed to comply with the deadline for the submission of Response.

The Petitioner has requested that the case be administered as an ADR Accelerated Proceeding, should the Domain Holder fail to respond.

6. The Petitioner’s Contentions

In support of its claim the Petitioner has relied on the grounds, that the domain name <myaudi.se> is highly similar to the Petitioner’s AUDI trademark, that the domain name has been registered in bad faith and that the Domain Holder has no rights to or justified interest in the domain name. The Petitioner has stated that the trademark AUDI is well-known in Sweden for, as the statement must be understood, cars.

7. Discussion and Findings

The domain name <myaudi.se> is highly similar to the Petitioner’s EU trademark AUDI, which is legally binding and well-known in Sweden for cars. Based on the record, the Arbitrator finds that the domain name has been registered in bad faith and that the Domain Holder has no rights or justified interest in the domain name. The domain name should therefore be transferred to the Petitioner.

8. Decision

The domain name <myaudi.se> shall be transferred to the Petitioner.

Per Carlson
Date: April 30, 2018

https://www3.wipo.int/contact/en/area.jsp?area=arbitration https://www.wipo.int/pressroom/en/ https://www.wipo.int/tools/en/disclaim.html https://www.wipo.int/en/web/privacy-policy/ https://www.wipo.int/en/web/accessibility/ https://www.wipo.int/tools/en/sitemap.html https://www3.wipo.int/newsletters/en/ https://www.wipo.int/podcasts/en/ https://www.wipo.int/news/en/