The Petitioners are “Dr. Martens” International Trading GmbH and “Dr. Maertens” Marketing GmbH (hereinafter referred to as the “Petitioner”), both of Germany, represented by Beetz & Partner, Germany.
2. Domain Holder
The Domain Holder is E. F. of Germany.
3. Domain Name and Procedural History
This Alternative Dispute Resolution (“ADR”) proceeding relates to the disputed domain name <drmartensboots.se>.
On June 12, 2018, the Petitioner filed for a dispute resolution for the domain name <drmartensboots.se> requesting that it be transferred to the Petitioner and that, if there was no response by the Domain Holder to the Petition, the matter would be determined by ADR Accelerated Proceeding.
The 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 June 26, 2018. The Domain Holder did not submit any response and, accordingly, the Center notified the Domain Holder's default on July 27, 2018.
The Center appointed Gunnar Karnell as the sole Arbitrator in this matter on August 10, 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 refers in support of its claim in this proceeding, in particular to its exclusively owned European Union Trade Marks DR. MARTENS (No. 59147) registered on March 3, 1999 for various goods, including footwear and clothing in class 25, and DR. MARTENS (No. 2572071), registered on June 27, 2003 for retail services etc. in relation to footwear in class 35.
The Domain Holder registered the disputed domain name <drmartensboots.se> on October 31, 2017.
The Petitioner has adduced:
The disputed domain name is highly similar to the Petitioner’s well known trade mark DR. MARTENS, registered in many countries all over the world, used to market footwear, clothing and accessories and mirrored online at the “Dr. Martens” own website located at “www.drmartens.com”. Differences between the disputed domain name and trade marks here mentioned do not prevent the likelihood of confusion in the minds of Internet users.
The Domain Holder uses the disputed domain name for an online shop, selling footwear and accessories with “Dr. Martens” marked products. By means of its domain name the Domain Holder takes unfair advantage of, and is detrimental to, the Petitioner’s earlier rights, causing confusion as to the identity of the entity behind the website connected to the disputed domain name. The Domain Holder must have been aware of the Petitioner’s rights to the DR. MARTENS trade mark rights registrations when registering the disputed domain name, implicating bad faith registration.
The disputed domain name is used by the Domain Holder on its website “www.drmartensboots.se” in such a manner that it takes advantage of, and is detrimental to, the Petitioner’s earlier rights, not having any rights or justified interest in the disputed domain name, never having been authorized to use the Petitioner’s trade marks for its website or else for commercial use or to tarnish it as the case may be.
The Petitioner claims that the disputed domain name <drmartensboots.se> shall be transferred to “Dr. Martens” International Trading GmbH.
6. Brief findings of the Arbitrator
The Petitioner has proven that it holds such entitlement as defined in Section 7.2.1 of the .se Policy which is identical or similar to the disputed domain name <drmartensboots.se>.
The Petitioner has proven that the disputed domain name was registered or used by the Domain Holder in bad faith.
Circumstances in support of a right or justified interest to the disputed domain name for the Domain Holder have not been demonstrated.
The disputed domain name <drmartensboots.se> shall be transferred to the Petitioner “Dr. Martens” International Trading GmbH.
Gunnar Karnell Date: August 20, 2018
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