QlikTech International AB v Ariel Toro, Ariel Toro

WIPO Case No. D2025-0779

ARBITRATION
AND
MEDIATION CENTER

ADMINISTRATIVE PANEL DECISION

QlikTech International AB v. Ariel Toro, Ariel Toro

Case No. D2025-0779

1. The Parties

Complainant is QlikTech International AB, Sweden, represented by Abion AB, Sweden.

Respondent is Ariel Toro, Ariel Toro, Argentina.

2. The Domain Name and Registrar

The disputed domain name <qlick.online> (the “Domain Name”) is registered with GoDaddy.com, LLC (the

“Registrar”).

3. Procedural History

The Complaint was f iled with the WIPO Arbitration and Mediation Center (the “Center”) on February 25, 2025. On February 25, 2025, the Center transmitted by email to the Registrar a request for registrar verif ication in connection with the Domain Name. On February 25, 2025, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which dif fered f rom the named Respondent (Registration Private, Domains By Proxy, LLC, DomainsByProxy.com) and contact information in the Complaint. The Center sent an email to Complainant on February 26, 2025, providing the registrant and contact information disclosed by the Registrar, and inviting Complainant to submit an amendment to the Complaint. Complainant f iled an amended Complaint on February 26, 2025.

The Center verif ied that the Complaint together with the amended Complaint satisf ied 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 Respondent of the Complaint, and the proceedings commenced on March 4, 2025. In accordance with the Rules, paragraph 5, the due date for Response was March 24, 2025. Respondent did not submit any response. Accordingly, the Center notif ied Respondent’s default on March 25, 2025.

page 2

The Center appointed Robert A. Badgley as the sole panelist in this matter on March 31, 2025. The Panel f inds 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.

4. Factual Background

Complainant alleges as follows:

“The Complainant is a leading technology company specializing in data analytics and business intelligence solutions. Through its innovative platform, Qlik enables businesses to consolidate and visualize data f rom various sources, facilitating intuitive data discovery and exploration.”

“The Complainant has a global presence with of f ices in North America, Canada, Brazil, Mexico, Europe,

Middle East, Asia and Africa, and maintains a robust network of international partners.” […]

“Qlik's platform is designed to simplify the process of data discovery, exploration, and collaboration,
ultimately helping companies leverage their data to drive growth, improve ef f iciency, and achieve a

competitive advantage in their respective industries.”

“As a testament to its capabilities, the Complainant has amassed thousands of satisf ied customers
worldwide who rely on its business intelligence platform for modern data management, resulting in tangible
business value.”

“One of Qlik's notable achievements is its recognition as a Top 10 Innovative Growth Company for 2015 by Forbes. This prestigious acknowledgment highlights Qlik's commitment to innovation and its remarkable growth trajectory within the business intelligence and data analytics industry.”

Complainant holds numerous trademark registrations for the word mark QLIK and the figurative QLIK mark in various jurisdictions. These registrations include: European Union Reg. No. 001115948 for the word mark QLIK, registered on May 16, 2000; United Kingdom Reg. No. UK00901115948 for the word mark QLIK, registered on May 16, 2000; United States of America Reg. No. 2657563 for the word mark QLIK, registered on December 10, 2002.

Complainant owns the domain name <qlik.com> and uses that domain name to host its main commercial website. As of August 25, 2023, Complainant’s site featured the header:

“Transform your data into AI-powered insights and actions. Proceed in complete safety.”

Complainant annexes to the Complaint screenshots of a Google search for the term “qlik,” which search returned results identifying Complainant and its online business activity.

The Domain Name was registered on January 12, 2025. The Domain Name resolves to the website of a domain name marketer which states that the Domain Name is available for sale for USD 1,288.

According to Complainant, Respondent has no affiliation with Complainant, and Respondent has not been authorized by Complainant to use the QLIK trademark in a domain name or otherwise.

page 3

5. Parties’ Contentions

A. Complainant

Complainant contends that it has satisfied each of the elements required under the Policy for a transfer of the

Domain Name.

B. Respondent

Respondent did not reply to Complainant’s contentions.

6. Discussion and Findings

Paragraph 4(a) of the Policy lists the three elements which Complainant must satisfy with respect to the
Domain Name:

(i)        the Domain Name is identical or confusingly similar to a trademark or service mark in which Complainant has rights; and

(ii)       Respondent has no rights or legitimate interests in respect of the Domain Name; and

(iii)      the Domain Name has been registered and is being used in bad faith.

A. Identical or Confusingly Similar

The Panel f inds that Complainant has rights in the trademark QLIK through registration and use demonstrated in the record. The Panel also finds that the Domain Name is confusingly similar to that mark. The Domain Name entirely incorporates the mark QLIK and interposes the letter “c” between the letters “I” and “k.” In the Panel’s view, the QLIK mark remains recognizable within the Domain Name, notwithstanding the additional letter.

Complainant has established Policy paragraph 4(a)(i).

B. Rights or Legitimate Interests

Pursuant to paragraph 4(c) of the Policy, Respondent may establish its rights or legitimate interests in the
Domain Name, among other circumstances, by showing any of the following elements:

(i)        before any notice to you [Respondent] of the dispute, your use of , or demonstrable preparations to use, the Domain Name or a name corresponding to the Domain Name in connection with a bona f ide of fering of goods or services; or

(ii)       you [Respondent] (as an individual, business, or other organization) have been commonly known by the Domain Name, even if you have acquired no trademark or service mark rights; or

(iii)      you [Respondent] are making a legitimate noncommercial or fair use of the Domain Name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

The Panel concludes that Respondent lacks rights or legitimate interests in connection with the Domain Name. Respondent has not come forward in this proceeding to deny any of Complainant’s allegations or dispute any of Complainant’s evidence. Nor has Respondent come forward to articulate some purportedly legitimate reason for registering the Domain Name. All we know f rom this record is that Respondent

registered the Domain Name many years after Complainant had acquired trademark rights in QLIK, and that Respondent has advertised the Domain Name for sale for USD 1,288, a price in excess of the costs of registering the Domain Name less than three months ago (absent any evidence f rom Respondent to the contrary). Such conduct cannot yield a finding that Respondent has rights or legitimate interests vis-à-vis the Domain Name.

page 4

Complainant has established Policy paragraph 4(a)(ii).

C. Registered and Used in Bad Faith

Paragraph 4(b) of the Policy provides that the following circumstances, “in particular but without limitation,” are evidence of the registration and use of the Domain Name in “bad faith”:

(i)        circumstances indicating that Respondent has registered or has acquired the Domain Name primarily for the purpose of selling, renting, or otherwise transferring the Domain Name registration to Complainant who is the owner of the trademark or service mark or to a competitor of that Complainant, for valuable consideration in excess of its documented out of pocket costs directly related to the Domain Name; or

(ii)       that Respondent has registered the Domain Name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that Respondent has engaged in a pattern of such conduct; or

(iii)      that Respondent has registered the Domain Name primarily for the purpose of disrupting the business of a competitor; or

(iv)      that by using the Domain Name, Respondent has intentionally attempted to attract, for commercial gain, Internet users to Respondent’s website or other online location, by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, af f iliation, or endorsement of Respondent’s website or location or of a product or service on Respondent’s website or location.

The Panel concludes that Respondent registered and used the Domain Name in bad faith under the Policy. The Panel incorporates its discussion above in the “Rights or Legitimate Interests” section. On this record, the Panel f inds it more likely than not that Respondent targeted Complainant’s QLIK trademark when

registering the Domain Name and has used the Domain Name for illegitimate commercial gain by seeking to sell it at a hef ty profit. This constitutes bad faith registration and use within the meaning of the above-quoted Policy paragraph 4(b)(i).

Complainant has established Policy paragraph 4(a)(iii).

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 Domain Name <qlick.online> be transferred to Complainant.

/Robert A. Badgley/
Robert A. Badgley
Sole Panelist
Date: April 10, 2025