Deutsche Lufthansa AG v. aopc interactive GmbH
Claim Number: FA1804001781509
Complainant: Deutsche Lufthansa AG of Frankfurt, Germany.
Complainant Representative: Rauschhofer Rechtsanwaelte of Wiesbaden, International, Germany.
Respondent: aopc interactive GmbH of Köln, International, DE.
REGISTRIES and REGISTRARS
Registries: DotOnline Inc.
Registrars: 1&1 Internet SE
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.
Antonina Pakharenko-Anderson, as Examiner.
Complainant submitted: April 12, 2018
Commencement: April 13, 2018
Default Date: April 30, 2018
Having reviewed the communications records, the Examiner finds that the 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.
Clear and convincing evidence.
The Complainant is the owner of more than 30 trademarks for LUFTHANSA MILES AND MORE, Miles More, MILES & MORE registered in a number of countries/regions, covering goods and services in Intl Classes nos. 18, 20, 21, 22, 24, 25, 35, 36, 39, 42, 43, the earliest of which dates back July 03, 1992 (application date).
The Complainant has provided evidence of use by screenshots from the website www.miles-and-more.com.
MILESANDMORE is the customer program of Complainant which offers many services and products by collecting miles. Especially the well-known credit card is combined with the MILESANDMORE services.
There is no information on the Respondent, other than provided by the Complainant, as the Respondent has not responded.
According to Complainant, the Respondent has no rights or legitimate interests in respect of the domain name. Without permission to the Respondent to use the trademark, he has no right to use it as the domain name. The Respondent has no identical trademark nor offers related services. The Respondent has no affiliation with Lufthansa and cannot be its official representative.
According to the provided screenshots, the Respondent uses the domain to host content about services of his company regarding Windows and redirects to the domain iis.net. According to the Complainant, the Respondent therefore misuses the trademark MILESANDMORE for his own profit.
Complainant also states that he has frequently been the subject of fraud by people pretending acting as LUFTHANSA officials sending fake offers, tickets, bills, contracts of labour. Greater requirements to rightful apply to the use of crucial domains. Thus, under the Complainant, right from holding the domain, Respondent may generate substantial abuse.
Legal Findings and Conclusion:
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.
IDENTICAL OR CONFUSINGLY SIMILAR
The Complainant met the standard sets out in 1.2.6.1. of the URS Procedure since the Complainant has proved its right to the valid trademark registrations LUFTHANSA MILES AND MORE, Miles More, MILES & MORE. Further, the Complainant has proved that the said trademark is in current use by presenting printouts from the Complainant’s website.
The Respondent’s domain name <milesmore.online> is in the bigger part identical and confusingly similar to the above trademarks of the Complainant. The Respondent only left out the symbol “&” or word “and”. The relevant part of the disputed domain name is <online>, as the added top-level domain – being a required element of every domain name – is generally irrelevant when assessing whether or not a mark is identical or confusingly similar and in this case does nothing to distinguish the disputed domain name from the Complainant’s trademarks.
The Examiner concludes that the disputed domain name is identical or confusingly similar to the Complainant's trademarks.
NO RIGHTS OR LEGITIMATE INTERESTS
The Respondent does not have any rights in <milesmore.online>, as the Complainant has not authorized the Respondent to register a domain name containing its registered and used trademarks, nor is the Respondent commonly known by <milesmore.online>.
As Complainant’s trademark is a distinctive and well known trademark, the Examiner also draw the conclusion that the Complainant has shown that the Respondent cannot have any legitimate interests in registering and using <milesmore.online>.
Furthermore, the Examiner notes that passive holding or non-use of a domain name is evidence of a lack of legitimate rights in the domain name (NAF Case FA-097328; NAF Case FA-96248; NAF FA- 1405001559476).
To summarize, the Examiner find that the Complainant has established that the Respondent has no rights or legitimate interests in <milesmore.online>.
BAD FAITH REGISTRATION AND USE
According to the URS Procedure 1.2.6.3, examples of circumstances that demonstrate bad faith registration and use by the Registrant include:
a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or
b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or
c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or
d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant’s web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s web site or location or of a product or service on that web site or location.
In this case, the Complainant has shown that the Respondent uses the domain to host content about services of his company regarding Windows and redirects to the domain iis.net.
Although the Respondent has not responded, the Complainant has proved it likely that the Respondent is using, or at least in the final preparatory phase, to use the disputed domain name to attract for commercial gain, Internet users to Registrant’s web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of Registrant’s web site or location or of a product or service on that web site or location.
It is indicated that bad faith exists where the Respondent, by using the domain name, has intentionally attempted to attract, for commercial gain, Internet users to its website or other on-line location, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of its website or location or of a product or service on its website or location (WIPO No. D2006-0700). The Respondent clearly registered the domain name, appropriating the Complainant’s famous trademark, for his own purposes. This is misleading and supports finding of bad faith registration (WIPO No. D2005-0072).
Thus, the Examiner concludes that the Complainant has established that the Respondent has registered and used <milesmore.online> in bad faith.
After reviewing the Complainant’s 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 name be SUSPENDED for the duration of the registration.
<milesmore.online>
Antonina Pakharenko-Anderson, Examiner
Dated: April 30, 2018
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