HOCHTIEF Aktiengesellschaft v. Mohammed Salman et al.
Claim Number: FA1409001578401
Complainant: HOCHTIEF Aktiengesellschaft of Essen, Germany.
Complainant Representative: Beetz&Partner Patentanwaelte of Muenchen, Germany.
Respondent: Mohammed Salman of Manama, Bahrain.
Mohammed Salman of Manama, International, Bahrain.
Mohammed Salman of Manama, International, BH.
REGISTRIES and REGISTRARS
Registries: Fox Dynamite, LLC
Registrars: 101domain, Inc.
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
Ms. Marie Emmanuelle Haas, as Examiner.
Complainant submitted: September 5, 2014
Commencement: September 5, 2014
Response Date: September 18, 2014
Having reviewed the communications records, the Examiner finds that the National Arbitration Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") .
Complainant requests that the domain name be suspended for the life of the registration.
The Complainant produces evidence of the claimed prior right and of the use of the disputed domain name to resolve to a page proposing to access to its own website at www.hochtief-construction.com.
The Respondent does not produce any evidence to prove what he asserts.
According to URS Procedure 1.2.6, Complainant proves that there is a likelihood of confusion between his trademark and the domain name at issue, that the Respondent does not have any right or legitimate interest in the disputed domain name and that the disputed domain name has been registered in bad faith.
The disputed domain name is composed with the prior opposed German and Community HICHTIEF trademarks which are registered in the name of the Complainant for construction services. Therefore there is a likelihood of confusion.
The Respondent asserts that:
- the domain name at issue is consists of a generic German term, that means “high” and “deep” and that he does not use this term as a trademark;
- he is an artist and that he has nothing to do with construction. He wants to launch a website in relation with graphic and media and to publish his work
The Respondent does not produce any evidence to prove what he asserts.
The denomination HOCHTIEF is not a generic German term. This combination of two German terms is a neologism, which has its own distinctive character.
The Respondent has neither been authorized nor proves that he has a legitimate right or interest on the disputed domain name.
Therefore the Examiner finds that he has no legitimate right or interest in the disputed domain name.
The disputed domain name precisely resolves to a Google page that proposes to access to the Complainant’s website.
The Respondent cannot seriously assert that he just uses a generic term of the German dictionary and that he has nothing to do with construction, since he chose to register under “.construction” the disputed domain name composed with a term which is a neologism.
He could not ignore the Complainant’s trademark rights when he registered the disputed domain name.
Since the HOCHTIEF trademark has been notified to the TMCH, he must have been clearly informed of the Complainant’s s prior trademark rights when he confirmed his decision to register the disputed domain name.
The domain name has been registered in bad faith with the intent to sell or to rent it or to prevent the legitimate trademark owner to register it.
The Complaint was not brought in an abuse of this proceeding and did not contain material or falsehoods.
After reviewing the parties’ submissions, the Examiner determines that
the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration.
<hochtief.construction>
Ms. Marie Emmanuelle Haas, Examiner
Dated: September 18, 2014
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