WIPO Arbitration and Mediation Center
Alternative Dispute Resolution Proceeding
Case No. DSE2020-0043
The Petitioner is Skechers U.S.A., Inc. II, United States of America (“United States”), represented by D. Young & Co., United Kingdom.
2. Domain Holder
The Domain Holder is T.W., Hungary.
3. Domain Name and Procedural History
This Alternative Dispute Resolution proceeding relates to the domain name <skecherssverigerea.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”).
On August 27, 2020, the Center transmitted by email to the Registry a request for registrar verification in connection with the disputed domain name. On August 28, 2020, the Registry transmitted by email to the Center its verification response disclosing the Domain Holder’s identity and contact details. Further to an invitation to submit an amended Petition, the Petitioner submitted an amended Petitioner on August 28, 2020.
The WIPO Arbitration and Mediation Center (“the Center”) verified that the amended 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 amended Petition on September 2, 2020. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder’s default on October 6, 2020.
The Center appointed Per Carlson as the sole Arbitrator in this matter on October 14, 2020. 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 company incorporated in the United States and active in the footwear industry. The Petitioner is the holder of inter alia the European Union Trade Mark (“EUTM”) SKECHERS, registered on April 12, 2006, under the registration no. 004307691, covering among other things footwear in class 25 and consequently protected in Sweden.
T.W. (the Domain Holder) is the registrant of the disputed domain name <skecherssverigerea.se>, registered on April 30, 2020 and which has displayed a website presenting the SKECHERS Trade Mark along with photographs of suspected counterfeit SKECHERS-branded products.
The Petitioner has requested that the disputed domain name <skecherssverigerea.se> be transferred to the Petitioner.
The Domain Holder has been given the opportunity to respond to the Petition, but has not submitted any response.
6. Parties’ Contentions
In support of its claim the Petitioner has relied on the grounds, that the disputed domain name <skecherssverigerea.se>, is confusingly similar to the Petitioner’s trademark SKECHERS, that the disputed domain name has been registered or used in bad faith and that the Domain Holder has no rights or justified interest in the disputed domain name.
7. Discussion and Findings
In accordance with article 7.2 of the .se Policy, a domain name may be transferred to the party requesting dispute resolution proceedings, if the following three conditions are fulfilled:
1. the domain name is identical or similar to a distinguishing product feature, inter alia a trademark, which is legally recognized in Sweden and to which the party requesting dispute resolution can prove its rights,
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.
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’s trademark SKETCHERS is in its entirety included within the disputed domain name and still has an independent distinctive role therein. Therefore, the disputed domain name <skecherssverigerea.se> is similar to the Petitioner’s trademark SKETCHERS.
B. The Domain Name has been registered or used in bad faith
It is clear from the record, that the disputed domain name must have been registered in bad faith in the meaning of the .se Policy.
C. The Domain Holder has no rights or justified interest in the Domain Name
The Domain Holder, who has not made any submission in the case, has not stated any fact that would constitute a right to or a justified interest in the domain name.
On the basis of the foregoing, the disputed domain name <skecherssverigerea.se> shall be transferred to the Petitioner.
Date: October 24. 2020