Complainant is Bayerische Motoren Werke AG of München, Germany, represented by Simmons & Simmons, the Netherlands.
Respondent is Advies & Consultancy Almere of Almere, the Netherlands. 2. The Domain Name and Registrar
The disputed domain name (the “Domain Name”) is registered with SIDN through Hostnet B.V. 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 28, 2016. On April 29, 2016, the Center transmitted by email to SIDN a request for registrar verification in connection with the Domain Name. On May 3, 2016, SIDN transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details.
The Center verified that the Complaint satisfied the formal requirements of the Dispute Resolution Regulations for .nl Domain Names (the “Regulations”).
In accordance with the Regulations, articles 5.1 and 16.4, the Center formally notified Respondent of the Complaint, and the proceeding commenced on May 4, 2016. In accordance with the Regulations, article 7.1, the due date for Response was May 24, 2016. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on May 25, 2016.
The Center appointed Dinant T. L. Oosterbaan as the panelist in this matter on June 2, 2016. The Panel finds that it was properly constituted. The Panelist has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required to ensure compliance with the Regulations, article 9.2. 4. Factual Background
Complainant has been making high-performance automobiles for a substantial number of years.
According to the evidence submitted by Complainant, Complainant owns a large number of trademark registrations for BMW, including:
- International trademark registration BMW No. 145185, registered January 31, 1950 (protected in the Benelux Countries);
- Community trademark registration BMW No. 000091835, registered February 25, 2000.
The Domain Name, , was registered by Respondent on April 1, 2015. The Domain Name does not resolve to an active website. 5. Parties’ Contentions A. Complainant
Complainant submits that the Domain Name, , is identical or confusingly similar to Complainant’s well-known and registered BMW marks because it consist of this mark in its entirety, with the addition of the non-distinctive and descriptive word “-accessoires” (accessories in English). The use of this word “accessoires” after the trademark BMW adds to the confusion between the marks and the Domain Name as it emphasizes the availability of the products sold under the trademarks.
According to Complainant the Domain Name is clearly not registered by Respondent in connection with a bona fide offering of goods and services. Complainant submits that Respondent is not and has not been commonly known by the Domain Name. There is no evidence in the record, including the WhoIs information, to demonstrate that Respondent is commonly known by the Domain Name. Respondent is not a licensee of Complainant, and Comp