WIPO Domain Name Decision D2018-2916 for osramarabia.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION OSRAM GmbH v. WhoisGuard Protected, WhoisGuard, Inc. / Gokhan Goksel Case No. D2018-2916 1. The Parties
The Complainant is OSRAM GmbH of Munich, Germany, represented by Hofstetter, Schurack & Partner, Germany.
The Respondent is WhoisGuard Protected, WhoisGuard, Inc. of Panama City, Panama / Gokhan Goksel of Samsun, Turkey. 2. The Domain Name and Registrar
The disputed domain name is registered with NameCheap, Inc. (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 21, 2018. On December 21, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On the same date, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on January 9, 2019, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on January 10, 2019.
The Center verified that the Complaint together with the amendment to the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 18, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 7, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 8, 2019.
The Center appointed Mario Soerensen Garcia as the sole panelist in this matter on February 14, 2019. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background
The Complainant belongs to the international joint stock company Osram Licht group, founded in Germany in 1919 with headquarters in Munich. Osram currently employs around 26,000 people worldwide and has operations in over 120 countries.
Osram is one of the three largest lighting companies around the world. Since July 2016, the company Ledvance is responsible as Licensee of the Complainant for the distribution of Osram products in many countries, while the Complainant is concentrating on technology and innovation-led applications related to the lighting industry market.
The Complainant owns several registrations in multiple jurisdictions for more than 500 OSRAM trademarks in over 150 countries and regions, including the United States of America registration No. 1,552,573 registered on August 22, 1989.
The Complainant also owns more than 640 domain names consisting of the mark OSRAM, covering both generic Top-Level Domains (“gTLDs”) and country code Top-Level Domains (“ccTLDs”).
The disputed domain name was registered on November 28, 2018. 5. Parties’ Contentions A. Complainant
The Complainant argues that the Respondent registered the disputed domain name on November 28, 2018 and that it is identical or at least confusingly similar to marks owned by the Complainant, and that “arabia”, as a geographical term, is to be regarded as insufficient to prevent Internet user confusion.
The Complainant alleges that the Respondent is not an authorized dealer, distributor or licensee of the Complainant, and that it does not hold a trademark, trade name or other rights