WIPO Arbitration and Mediation Center
Alternative Dispute Resolution Proceeding
Case No. DSE2018-0044
The Petitioner is IBSA Institut Biochimique SA of Switzerland, internally represented.
2. Domain Holders
The Domain Holders are H. Z., LTC Uppsala and F. J. of Sweden.
3. Domain Names and Procedural History
This Alternative Dispute Resolution proceeding relates to the domain names <aliaxin.se> and <profhilo.se> (the “Domain Names”).
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 July 30, 2018. One of the Domain Holders, on behalf of the company ProNordia AB, submitted an email communication to the Center on August 21, 2018. Subsequently, the Center sent an email communication informing the Parties of the possibility to settle the dispute. The Parties did not submit a request for settlement and the Center notified the Parties on September 12, 2018, that it would proceed to appoint an arbitrator.
The Center appointed Monique Wadsted as the sole Arbitrator in this matter on September 25, 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 owner of the European Union (EU) trademark registration No. 005130422 ALIAXIN, registered 2009, and No. 010511053 PROFHILO, registered 2012, which are both in force in Sweden.
The Domain Names <aliaxin.se> and <profhilo.se> were registered in 2015. Registered Domain Holder for <aliaxin.se> is F. J. and for <profhilo.se> H. Z., LTC Uppsala. The Domain Holders appear to be connected to the company ProNordia AB.
The Domain Name <aliaxin.se> resolves to a website with information about IBSA and its products. The Domain Name <profhilo.se> resolves to a registrar parking page.
The Petitioner claims that the Domain Names shall be transferred to the Petitioner.
6. Discussion and Findings
Regarding the consolidation of the two Domain Names and the two Domain Holders in this case, the Arbitrator finds that these can be handled in one proceeding as there is enough evidence that shows that the Domain Holders are connected and that the two Domain Names are subject to common control. Furthermore, allowing for the two Domain Names to be processed together is beneficial for the proceeding, and thereby in accordance with Section 7a. of the .se Rules.
A. The Domain Names are identical or similar to trademarks that are legally binding in Sweden and to which the Petitioner can prove its rights
The Petitioner is the holder of EU trademarks that are more or less identical to the Domain Names. These are binding in Sweden. The Petitioner has thus demonstrated that it holds relevant rights in Sweden.
B. The Domain Names have been registered or used in bad faith
The Domain Names seem to have been registered by the Domain Holders in connection with a co-operation agreement with the Petitioner and ProNordia AB. All Domain Holders have connections with the party to the co-operation agreement (i.e., ProNordia AB). Since the registration seems to have been made in connection with the co-operation agreement the Domain Names have not been registered in bad faith.
However, the co-operation agreement has been terminated by the Petitioner and the Petitioner has requested the Domain Holders to return or discontinue the registration. The Domain Holders have however, continued its use. The Domain Holders have thus used the Domain Names in bad faith.
C. The Domain Holders have no rights or justified interest in the Domain Names
The Domain Holders have not expressed any right or justified interest in the Domain Names and no such interest is evident from the facts of the matter. The Domain Holders thus have no rights or justified interest in the Domain Names.
The Domain Names <aliaxin.se> and <profhilo.se> shall be transferred to the Petitioner.
In accordance with Section 7a. of the .se Rules, the two Domain Names can be handled in one proceeding as they appear to be subject to common control and it would be beneficial for the proceeding. The Petitioner has demonstrated that it holds relevant rights to trademarks in Sweden that are similar or identical to the Domain Names. The Domain Holders have used the Domain Names in bad faith and have not demonstrated any right or justifiable interest in the Domain Names. The Domain Names <aliaxin.se> and <profhilo.se> shall therefore be transferred to the Petitioner.
Date: October 19, 2018