Dirk Rossmann GmbH v Huang WeiDong

WIPO Case No. D2024-4455

ARBITRATION
AND
MEDIATION CENTER

ADMINISTRATIVE PANEL DECISION

Dirk Rossmann GmbH v. Huang WeiDong

Case No. D2024-4455

1. The Parties

The Complainant is Dirk Rossmann GmbH, Germany, represented by Horak.Rechtsanwälte

Partnerschaft mbB, Germany.

The Respondent is Huang WeiDong, China.

2. The Domain Name and Registrar

The disputed domain name <alterrade.com> is registered with NameCheap, Inc. (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 26, 2024. connection with the disputed domain name. On October 30, 2024, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint together with the amended 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 the Respondent of the Complaint, and the proceedings commenced on November 13, 2024. In accordance with the Rules, paragraph 5, the due date for Response was December 3, 2024. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on December 5, 2024.

The Center appointed Anne-Virginie La Spada as the sole panelist in this matter on December 13, 2024.
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.

page 2

4. Factual Background

The Complainant is a company based in Germany.

The Complainant owns the following trademark registration:

- European Union trademark registration No. 018472918 for ALTERRA registered on November 10,

2021 in classes 3, 5, 21, 35.

The Complainant commercializes cosmetics under the trademark ALTERRA.

The disputed domain name was registered on July 30, 2024.

The disputed domain name is connected to a website displaying the Complainant’s trademark ALTERRA, including in logo form, and the Complainant’s products. The Respondent thus purports to be a reseller of the Complainant’s products. However, the contact information mentioned in the privacy policy and in the general terms and conditions available on the website does not correspond to any real address. Complainant’s attempts at contacting the Respondent by email failed.

5. Parties’ Contentions

A. Complainant

The Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the disputed domain name.

Notably, the Complainant contends that the disputed domain name includes the Complainant’s trademark ALTERRA, with the addition of the country code “de”, referring to Germany where the Complainant has its place of business.

The Complainant further contends that the Respondent is not commonly known by the disputed domain name and uses the disputed domain names with the intention to mislead and divert consumers or to tarnish the Complainant’s trademark. In particular, the Respondent displays products of the Complainant including the trademark on its website. The Complainant considers accordingly that the Respondent does not have rights or legitimate interests in the disputed domain name.

Finally, the Complainant contends that the disputed domain name has been used and registered in bad faith. According to the Complainant, a visitor of the Respondent’s website will be under the impression that it receives information on the Complainant’s products, as the website displays the Complainant’s trademark ALTERRA and the Complainant’s products. The Complainant represents accordingly that the Respondent used the disputed domain name to create a likelihood of confusion with the Complainant’s trademark and to disrupt the Complainant’s business.

B. Respondent

The Respondent did not reply to the Complainant’s contentions.

page 3

6. Discussion and Findings

According to paragraph 4(a) of the Policy, a complainant must assert and prove each of the following:

(i) the domain name registered by the respondent is identical or confusingly similar to a trademark or service

mark in which the complainant has rights; and

(ii) the respondent has no rights or legitimate interests in respect of the domain name; and

(iii) the domain name registered by the respondent has been registered and is being used in bad faith.

A. Identical or Confusingly Similar

It is well accepted that the first element functions primarily as a standing requirement. The standing
(or threshold) test for confusing similarity involves a reasoned but relatively straightforward comparison
between the Complainant’s trademark and the disputed domain name. WIPO Overview of WIPO Panel

Views on Selected UDRP Questions, Third Edition, (“WIPO Overview 3.0”), section 1.7.

The Complainant has shown rights in respect of a trademark or service mark for the purposes of the Policy.
WIPO Overview 3.0, section 1.2.1.

The entirety of the mark is reproduced within the disputed domain name. Accordingly, the disputed domain name is confusingly similar to the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.7.

Although the addition of other terms, here, the letters “de”, may bear on assessment of the second and third elements, the Panel finds the addition of such element does not prevent a finding of confusing similarity between the disputed domain name and the mark for the purposes of the Policy. WIPO Overview 3.0, section 1.8.

The Panel finds the first element of the Policy has been established.

B. Rights or Legitimate Interests

Paragraph 4(c) of the Policy provides a list of circumstances in which the Respondent may demonstrate rights or legitimate interests in a disputed domain name.

Although the overall burden of proof in UDRP proceedings is on the complainant, panels have recognized
that proving a respondent lacks rights or legitimate interests in a domain name may result in the difficult task
of “proving a negative”, requiring information that is often primarily within the knowledge or control of the
respondent. As such, where a complainant makes out a prima facie case that the respondent lacks rights or
legitimate interests, the burden of production on this element shifts to the respondent to come forward with
relevant evidence demonstrating rights or legitimate interests in the domain name (although the burden of
proof always remains on the complainant). If the respondent fails to come forward with such relevant
evidence, the complainant is deemed to have satisfied the second element. WIPO Overview 3.0,
section 2.1.

Having reviewed the available record, the Panel finds the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name. The Respondent has not rebutted the Complainant’s prima facie showing and has not come forward with any relevant evidence demonstrating rights or legitimate interests in the disputed domain name such as those enumerated in the Policy or otherwise.

page 4

The Respondent purportedly offered for sale products of the Complainant. However, the Respondent indicated false contact details on its website, which leads the Panel to doubt that the Respondent was actually engaged in the sale of genuine products of the Complainant’s mark. Furthermore, the Respondent’s

website does not include any disclosure of its relationship with the Complainant. Even if the Respondent did
sell the Complainant’s goods, its use of the disputed domain name would not meet the requirements of the

Oki Data test. WIPO Overview 3.0, section 2.8.

Finally, the Respondent did not file a Response to the Complaint. The Panel may draw from the lack of a
Response the inferences that it considers appropriate, according to the Rules, paragraph 14(b).

The Panel finds the second element of the Policy has been established.

C. Registered and Used in Bad Faith

The Panel notes that, for the purposes of paragraph 4(a)(iii) of the Policy, paragraph 4(b) of the Policy establishes circumstances, in particular, but without limitation, that, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith.

In the present case, the Panel notes that the Respondent used the disputed domain name in connection with a website purportedly offering for sale Complainant’s products. In view of this use, it is highly unlikely that the Respondent registered the disputed domain name without knowledge of the Complainant’s trademark. The Panel therefore accepts that the disputed domain name was registered in bad faith.

The record does not establish whether the Respondent was actually selling the Complainant’s products. policy and the general terms and conditions available on its website.

The Respondent used prominently the logo of the Complainant on its website without any indication
regarding its relationship to the Complainant. Such use is apt to create the false impression that the website
is operated or endorsed by the Complainant, thus misleading, for commercial gain, consumers looking for
the Complainant’s website. Accordingly, the Panel finds it likely that the Respondent intentionally created a
likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement
of its website. This is a circumstance of use of a domain name in bad faith according to paragraph 4(b) of
the Policy. For the reasons set out above, the Panel finds that the Respondent has registered and used the
disputed domain name in bad faith, and that the Complainant has satisfied the condition set forth in

paragraph 4(a)(iii) of the Policy.

The Panel finds that the Complainant has established the third element of the Policy.

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 disputed domain name <alterrade.com> be transferred to the Complainant.

/Anne-Virginie La Spada/
Anne-Virginie La Spada
Sole Panelist
Date: December 23, 2024