WIPO Arbitration and Mediation Center
Alternative Dispute Resolution Proceeding
Case No. DSE2018-0005
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.
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.
The domain name <myaudi.se> shall be transferred to the Petitioner.
Date: April 30, 2018