WIPO Domain Name Decision D2019-0076 for lannxess.com
WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Lanxess Deutschland GmbH v. Cimpress Schweiz GmbH Case No. D2019-0076 1. The Parties
The Complainant is Lanxess Deutschland GmbH of Cologne, Germany represented by Partridge Partners PC, United States of America (“United States”).
The Respondent is Cimpress Schweiz GmbH of Zurich, Switzerland. 2. The Domain Name and Registrar
The disputed domain name is registered with Tucows Inc. (the “Registrar”). 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 15, 2019. On January 15, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 15, 2019, 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 January 16, 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 amended Complaint on January 21, 2019.
The Center verified that the Complaint together with the amended 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 22, 2019. In accordance with the Rules, paragraph 5, the due date for Response was February 11, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 13, 2019.
The Center appointed Fabrizio Bedarida as the sole panelist in this matter on February 18, 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 in this proceeding is Lanxess Deutschland GmbH, a German company. The Complainant has used its LANXESS trademarks in connection with the development, manufacturing and marketing of chemical intermediates, additives, specialty chemicals and plastics since 2004.
The Complainant has proven to be the owner of the LANXESS mark.
The Complainant is, inter alia, the owner of the following trademarks:
LANXESS, Canadian trademark registration No. TMA673821, registered on September 29, 2006;
LANXESS, US trademark registration No. 3,154,793, registered on October 10, 2006;
LANXESS, European Union trademark registration No. 003696581, registered on June 27, 2005.
The disputed domain name was registered on December 14, 2017.
The Complainant’s trademark registrations predate the registration of the disputed domain name.
The website under the disputed domain name resolves to a parking page featuring links to credit cards, car insurance, and online colleges. 5. Parties’ Contentions A. Complainant
The Complainant claims that the disputed domain name is confusingly similar to a registered trademark in which the Complainant has rights; that the Respondent has no rights or legitimate interests whatsoever wi