WIPO Arbitration and Mediation Center
Alternative Dispute Resolution Proceeding
Case No. DSE2019-0019
The Petitioner is Sonoma Internet GmbHofGermany, self-represented.
2. Domain Holder
The Domain Holder is NAE Group Sweden AB, J. P., of Sweden.
3. Domain Name and Procedural History
This Alternative Dispute Resolution proceeding relates to the Domain Name <amorelie.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 May 22, 2019. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder's default on June 27, 2019.
The Center appointed Petter Rindforth as the sole Arbitrator in this matter on July 1, 2019. 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 an e-commerce company for erotic products, based in Germany, and the owner of the European Union trade mark (EUTM) No. 011966686 AMORELIE (word), filed on July 9, 2013, and registered on November 14, 2013 for goods and services in classes 5, 10 and 35.
The Domain Name <amorelie.se> was registered on November 17, 2014, in the name of the Domain Holder. On May 14, 2019, the Petitioner filed a Petition, electing to have the dispute decided as an Accelerated Proceeding if the Domain Holder does not respond to the Petition.
The Petitioner claims that the Domain Name <amorelie.se> shall be transferred to the Petitioner.
6. Parties’ Contentions
The Petitioner is the owner of the European Union trade mark AMORELIE, registered in 2013, and has since then marketed the trademark on an international level. Therefore, the Domain Name is identical or similar to a name which is legally recognized in Sweden and to which the Petitioner can prove its rights. The Petitioner is one of the biggest e-commerce companies for erotic products in Germany, Austria and Switzerland, with revenue of EUR 56 million in 2017. The Petitioner is now planning to open web-shops in Scandinavia, including Sweden.
The Petitioner states that as its trademark was internationally registered at the time the Domain Holder registered the Domain Name, the Domain Holder should have researched whether someone else had the right to the Domain Name before registration, and concludes that <amorelie.se> has been registered or used in bad faith.
The Domain Holder has no trademark rights to AMORELIE, and has never used the Domain Name.
B. Domain Holder
The Domain Holder did not filed any response.
7. Discussion and Findings
A domain name may, in accordance with .SE’s Terms and Conditions of Registration (.se Policy) paragraph 7.2, be deregistered or transferred to the party requesting dispute resolution proceedings if all of the following three conditions are fulfilled:
1. The Domain Name is identical or similar to a trademark or tradename (or other name rights) which is legally recognized in Sweden and to which the party requesting dispute resolution can prove its rights, and
2. The Domain Name has been registered or used in bad faith, and
3. The Domain Holder has no rights or justified interest in the Domain Name.
All three conditions must be met in order for a Petitioner to succeed in his action
A. The Domain Name is identical or similar to a name which is legally recognized in Sweden and to which the Petitioner can prove its rights
The Petitioner is the owner of the EUTM No. 011966686 AMORELIE (word), which is identical to the Domain Name.
B. The Domain Name has been registered or used in bad faith
Based on the record, the Arbitrator finds that the Domain Name <amorelie.se> has at least been registered in bad faith. The Petitioner’s registered trademark is distinctive, and the fact that the Domain Holder has not used the Domain Name since November 2014 further indicates that it was registered with the Petitioner’s trademark and business in mind, rather than any independent use for other purposes.
C. The Domain Holder has no rights or justified interest in the Domain Name
Based on the record, the Arbitrator finds that the Domain Holder has no rights or justified interest in the Domain Name. The Petitioner has not accepted the Domain Holder to register <amorelie.se>, and there is nothing in the Domain Holder’s name that may indicate any justified interest. Further, the Domain Holder has chosen to not file a response to the Petition.
The Domain Name <amorelie.se> shall be transferred to the Petitioner.
Date: July 11, 2019