TUESDAY, 23 SEPTEMBER 2008
"schlaemmerblog.tv" and "schlaemmerhatgolf.tv"
The WIPO arbitration panel has ruled that the domain names "schlaemmerblog.tv" and "schlaemmerhatgolf.tv" had been used and registered in bad faith and ordered that the domain be transferred to its legitimate owner, Hans Peter (Hape) Kerkeling. The Complainant is Hape Kerkeling (right), a famous and award-winning German comedian, who invented the comic character "Horst Schlämmer" (below left). As Schlämmer the Complainant also published the music singles "Schätzelein" and "Gisela". The Respondent is Dr. Matthias Moench of the Czech Republic.
“[A] non-distinctive addition of the generic terms “blog” and “hat Golf” (“has a Golf car”), respectively, to the distinctive part of the Complainant’s trademark(SCHLÄMMER) does not sufficiently differentiate the domain names from the Complainant’s mark (cf. e.g. Accor v. Domains by Proxy, Inc./Ostrid Company, WIPO Case No. D2008-0707,Even though, the domains had been cancelled, the sole Panelist found that the Respondent’s conduct constituted bad faith registration and use, thus fulfilling paragraph 4(a)(iii) of the Policy
"… it is apparent that the Respondent intentionally intends to attract consumers to its website for commercial gain by creating confusion about the source and sponsorship of its website.For the above reasons and in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panelist orderered that the domain names “schlaemmerblog.tv” and “schlaemmerhatgolf.tv” had to be transferred to the Complainant.
Case reference: Mr. Hans Peter (Hape) Kerkeling v. Dr. Matthias Moench, Case No. DTV2008-0009 of 11 September 2008.
Class 46: the Uniform Domain Name Dispute Resolution Policy can be found here.
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