Plaintiff (AGFEO) sells telecommunications systems and accessories under the Trademark AGFEO. Plaintiff is holder of different domain names, including agfeo.de, agfeo.com, agfeo.net and agfeo.co.uk. The domain name agfeo.nl was registered by the defendant in 2000.
Defendant has failed to submit a Statement of Defence. Pursuant to Article 9.4 of the Regulations the claim shall be granted unless the arbitrator considers the complaint to be baseless, i.e. in case the complaint is apparently ill founded or plainly inadmissible (Volkswagen - Princa, DomJur 2007-340 and Sublimsport - Henrik Olsen, DomJur 2007-300).
It is undisputed that the domain name agfeo.nl is identical to the trademark AGFEO. Plaintiff stated that the domain name has been registered and used in bad faith, because it has taken advantage of the trademark by drawing consumers to its website and by creating a likelihood of confusion, by using the website to sell products from various manufacturers, including plaintiff (art. 9(1) under (a) or (b) CTR). This claim is not supported by evidence. However, the arbitrator performed limited research in the public internet archives and is satisfied that products and services have indeed been offered on the website under the domain name in the past. This use of the domain name by defendant may have created confusion amongst internet users. Since defendant has not argued otherwise or submitted any basis for lawful use of the domain name, plaintiffs claim must be considered as not a priori baseless or unlawful.
The arbitrator concludes that the use of the domain name by defendant infringes plaintiff's trademark rights as meant in article 9(1) under (a) and/or (b) CTR. The arbitrator therefore orders that plaintiff shall become holder of the domain name agfeo.nl instead of defendant.