Complainant is Jack Wolfskin Ausrüstung für Draussen GmbH & Co. KGaA of Idstein, Germany, represented by Harmsen Utescher, Germany.
Respondent is Yong Wu Lin of Putian, Fujian, China. 2. The Domain Name and Registrar
The disputed domain name (the “Domain Name”) is registered with GoD, LLC (the “Registrar”) 3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on February 26, 2018. On February 26, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On February 27, 2018, the Registrar 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 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 Respondent of the Complaint, and the proceedings commenced on March 9, 2018. In accordance with the Rules, paragraph 5, the due date for Response was March 29, 2018. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on April 3, 2018.
The Center appointed Clive L. Elliott QC as the sole panelist in this matter on April 11, 2018. 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
Complainant is a German company producing outdoor and sporting apparel and equipment in Germany, Europe, America, and Asia under its label JACK WOLFSKIN.
Complainant is the registered proprietor of various trade mark registrations for the term “Jack Wolfskin” (“Complainant’s Marks”) dating back to 1994.
Complainant’s Marks include the following trade mark registrations:
- German trade mark 1049490 JACK WOLFSKIN with a priority of August 23, 1982;
- European Union trade mark Registration 6733208 JACK WOLFSKIN with a priority of March 6, 2008;
- International Registrations 629193 JACK WOLFSKIN and 643936 JACK WOLFSKIN, with a priority of 1994 and 1995; and
- European Union trade mark Registration 3034915 JACK WOLFSKIN and device with a priority of January 31, 2003.
According to WhoIs the Domain Name was registered on January 12, 2018. According to the evidence provided by Complainant, the Domain Name redirected to a website displaying Complainant’s Marks and offering for sale clothing articles. 5. Parties’ Contentions A. Complainant
Complainant contends that the Domain Name is nearly identical to Complainant’s Marks with the addition of the descriptive word “sale”.
Complainant asserts that Respondent uses the Domain Name for commercial purposes by way of advertising clothing articles for sale, which are identical products to Complainant (e.g. clothing, footwear, headgear). Complainant notes that on the homepage of “www.” Respondent has used Complainant’s Marks, namely the trade mark JACK WOLFSKIN and JACK WOLFSKIN and device. Complainant submits that Respondent has thereby created the false impression that the “www.” website is operated by Complainant or a person connected to Complainant, when both are not the case.
Complainant submits that Respondent is not entitled to any trade mark, trade name or any other right in the name “Jack Wolfskin”, and that there is no relationship between Respondent and Complainant. Respondent is not a licensee of Complainant, nor has he otherwise obtained any authorization from Complainant to use the mark JACK WOLFSKIN or to register the Domain Name incorporating Complainant’s Marks. Complainant asserts that Respondent has not registered the Domain Name for a bona fide reason nor has he made any bona fide use of the Domain Name.
Complainant contends that the Domain Name has been registered exclusively for the purpose of exploiting the reputation of Complainant and its trade marks and trade name JACK WOLFSKIN, and therefore, the Domain Name has been registered and used in bad faith. B. Respondent
Respondent did not reply to Complainant’s contentions. 6. Discussion and Findings A. Identical or Confusingly Similar
Complainant has established to the satisfaction of the Panel that Complainant’s Marks have been used in relation to Complainant’s outdoor and sporting apparel and equipment business under its label “Jack Wolfskin” and that Complainant has registered Complainant’s Marks in various jurisdictions including in its home territory, Germany, namely German trade mark 1049490 JACK WOLFSKIN with a priority of August 23, 1982.
Complainant contends that the Domain Name reproduces Complainant’s Marks in their entirety, with the addition of the of the descriptive word “sale”.
There is clear merit in these submissions and in the absence of any attempt to refute them it is found that:
a) Complainant has rights in respect of Complainant’s Marks.
b) The Domain Name is not identical to but for the reasons set out above confusingly similar to Complainant’s Marks.
Accordingly, the Panel is satisfied that the first element of the Policy has been met. B. Rights or Legitimate Interests
In terms of whether Respondent has rights or legitimate interests in the Domain Name, Complainant asserts that Respondent uses the Domain Name for commercial purposes by way of advertising clothing articles for sale, which are identical to products sold by Complainant and that this creates a false impression. That is, that the “www.” website is operated by Complainant or is somehow associated or connected with Complainant, contrary to the fact.
Such conduct is not legitimate. It is found that Respondent has no rights or legitimate interests in the Domain Name.
The Panel is satisfied that the second element of the Policy has been met. C. Registered and Used in Bad Faith
Given Complainant’s use and registration of Complainant’s Marks, the Panel infers that Respondent knew of Complainant’s Marks when registering the Domain Name and advertising and selling clothing online in the manner described above.
The Panel concludes that Respondent has registered and used the Domain Name for purpose of making a commercial gain, through the sale of clothing on the “www.” website. As a result, Internet users might wrongly believe that the Domain Name is associated with Complainant or is otherwise endorsed by Complainant, when in fact it is not so endorsed.
The Panel thus finds that the third limb of the Policy has been met. 7. Decision
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name, be transferred to Complainant.
Clive L. Elliott QC
Sole Panelist
Date: April 26, 2018
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