WIPO Arbitration and Mediation Center
Alternative Dispute Resolution Proceeding
Case No. DSE2021-0014
The Petitioner is Synformulas GmbH,Germany, represented by Boehmert & Boehmert, Germany.
2. Domain Holder
The Domain Holder is T.K., Sweden.
3. Domain Name and Procedural History
This Alternative Dispute Resolution proceeding relates to the domain name <kijimea.se> (“Domain Name”).
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. The Center sent the Petitioner an invitation to amend on April 12, 2021. The Petitioner filed an amended Petition on April 12, 2021. In accordance with Section 13 of the .se Rules, the Center formally notified the Domain Holder of the Petition on April 13, 2021. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder's default on May 14, 2021.
The Center appointed Peter Hedberg as the sole Arbitrator in this matter on May 18, 2021. 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 German company and the holder of several trademark registrations for KIJIMEA, e.g. European trademark registration No. 008998486 (the “Trademark”), registered for inter alia pharmaceutical and veterinary preparations. The registration date of the Trademark is January 1, 2011, and the Domain Name was registered on June 19, 2018.
The Petitioner has elected to have the dispute decided as an Accelerated Proceeding if the Domain Holder does not respond to the Petition. Since the Domain Holder has failed to file a Response to the Petition, within the deadline indicated in the Notification of Petition and Commencement of Administrative Proceeding, the case will be handled as an Accelerated Proceeding in accordance with the Petitioner’s request.
The Petitioner claims that the Domain Name shall be transferred to the Petitioner.
6. Parties’ Contentions
The Domain Name is identical to the Trademark.
The Petitioner claims that the Domain Holder is T.K. and the company Calmino Group AB, and that this company is a direct competitor to the Petitioner, therefore it was clearly aware of the Trademark and the Petitioner’s product when registering the Domain Name. The fact that the Domain Holder is redirecting the Domain Name to the website “www.calmino.com”, where competing products are prominently promoted is clear evidence that the Domain Holder registered and is using the Domain Name in bad faith. Namely for utilizing the good reputation, market position and characteristic feature of the Petitioner’s product to attract Internet traffic to its own website and thereby increase the sales for its competing products. In addition, by registering the Domain Name, the Domain Holder is preventing the Petitioner to register its Trademark as a domain name covering the Swedish market.
The Petitioner did not authorize the Domain Holder to register and use its Trademark for a domain name to promote competing products. Such conduct is clearly infringing the Petitioner’s Trademark and cannot be justified. As proven by the Domain Holder’s actual use of the Domain Name, it is a clear infringement of the Petitioner’s Trademark.
B. Domain Holder
The Domain Holder did not respond to the Petition.
7. Discussion and Findings
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 holder of the Trademark. The Domain Name is identical to the Trademark.
B. The Domain Name has been registered or used in bad faith
The Petitioner identified in its original Petition, Calmino Group AB, as the Domain Holder and it is still reflected in public WhoIs information. Internetstiftelsen (the .SE Registry) confirmed that the Domain Holder is T.K. However, the Arbitrator notes that the organization identifier from Internetstiftelsen is the same organization number for Calmino Group AB. In addition, T.K and Calmino Group AB shares the same postal address. The Arbitrator therefore makes the conclusion that T.K. is connected to the company Calmino Group AB, i.e. a competing company to the Petitioner in the same field.
Regardless of the fact that T.K. and the Calmino Group AB are related, the Domain Holder was using the Domain Name to redirect to the website “www.calmino.com” where competing products were promoted. It is therefore clear that the Domain Holder is using the Domain Name to attract Internet users to a competing website and thereby increase the sales of competing products. Based on the above the Arbitrator finds that the Domain Name has been registered and used in bad faith.
C. The Domain Holder has no rights or justified interest in the Domain Name.
No circumstance has arisen that would indicate that the Domain Holder has any right or justified interest in the Domain name.
The Domain Name shall be transferred to the Petitioner.
Date: May 26, 2021