The Petitioner is NVIDIA Corporation of United States of America ("US"), represented by SafeNames Ltd., United Kingdom of Great Britain and Northern Ireland ("UK"). 2. Domain Holder
The Domain Holder is A. K. of India. 3. Domain Name and Procedural History
This Alternative Dispute Resolution proceeding relates to the 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. In accordance with Section 13 of the .se Rules, the Center formally notified the Domain Holder of the Petition on March 21, 2018. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder's default on April 23, 2018.
The Center appointed Per Carlson as the sole Arbitrator in this matter on May 2, 2018. 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 the holder of inter alia the European Union (EU) trademark GEFORCE (No. 002778140), registered on March 29, 2006, for, Integrated circuits, semiconductors and chipsets in the field of media, multi-media and communications processors in class 9.
The Domain Holder is the holder of the domain name , registered on November 9, 2017. 5. Claim
The Petitioner has requested that the domain name be transferred to the Petitioner.
The Domain Holder has been invited to respond to the Petition, but has failed to comply with the deadline for the submission of Response. 6. The Petitioner's Contentions
In support of its claim the Petitioner has relied on the grounds, that the domain name is identical to the Petitioner's GEFORCE trademark, that the domain name has been registered in bad faith and that the Domain Holder has no rights to or justified interest in the domain name.
The Petitioner has stated that the trademark GEFORCE has acquired secondary meaning in relation to the Petitioner's graphics processing units (GPUs) and mobile processor chipsets which are used to power a broad range of products ranging from smartphones to high-end personal computers.
The Petitioner has alleged that the Domain Holder contacted the Petitioner two days only after the registration of the domain name, that the Domain Holder in this communication inquired if the Petitioner was interested in acquiring the domain name and that it therefor is clear that the Domain Holder knew of the Petitioner at the time of the domain name registration and registered the domain name in view to sell it to the Petitioner. 7. Discussion and Findings
In accordance with article 7.2 of the .se Policy, a domain name may be transferred to the party requesting dispute resolution proceedings, if the following three conditions are fulfilled:
1. the domain name is identical or similar to a trade symbol (trademark or service mark), which is legally recognized in Sweden and to which the party requesting dispute resolution can prove its rights,
2. the domain name has been registered or used in bad faith, and
3. the Domain Holder has no rights or justified interest in the domain name.
The Petitioner is the holder of inter alia the EU trademark GEFORCE, legally binding in Sweden. The domain name is identical to the Petitioner's trademark GEFORCE.
It is clear from the record, that the Domain Holder contacted the Petitioner, two days after the registration of the domain name , and inquired if the Petitioner was interested in acquiring the domain name.
Therefore, it is obvious that the Domain Holder registered the domain name in order to offer it to the Petitioner and consequently registered the domain name in bad faith. And the Domain Holder, who has not responded to the Petition, has not submitted any evidence that he has any rights or justified interest in the domain name.
For the foregoing reasons, the domain name shall be transferred to the Petitioner. 8. Decision
The domain name shall be transferred to the Petitioner. 9. Summary
It has been established that the domain name is identical to the EU trademark GEFORCE (No. 002778140). Furthermore, based on the record, it has been considered clear that the domain name has been registered in bad faith. In addition, the Domain Holder, who has not responded to the Petition, has not provided any evidence that he has any rights or justified interest in the domain name. Accordingly, the domain name shall be transferred to the Petitioner.
Per Carlson
Date: May 31, 2018
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