ACO Severin Ahlmann GmbH & Co. KG v. Whois Privacy Protection Foundation
Claim Number: FA2111001975033
Complainant: ACO Severin Ahlmann GmbH & Co. KG of Büdelsdorf, Germany.
Complainant Representative: Pascal Boehner of Munich, Germany.
Respondent: Whois Privacy Protection Foundation of Rotterdam, Zuid-Holland, International, NL.
REGISTRIES and REGISTRARS
Registries: Dog Beach, LLC
Registrars: Hosting Concepts B.V. d/b/a Registrar.eu
The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.
Mr. Sebastian Matthew White Hughes, as Examiner.
Complainant submitted: November 30, 2021
Commencement: December 1, 2021
Default Date: December 16, 2021
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Even though Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.
[URS 1.2.6.1] The registered domain name is identical or confusingly similar to a word mark:
(i) for which the Complainant holds a valid national or regional registration and that is in current use; or
(ii) that has been validated through court proceedings; or
(iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.
Complainant manufactures construction elements for civil engineering, mainly for the drainage of buildings and properties, and is one of the global market leaders in the field of drainage solutions. Complainant operates its business under the trade mark “ACO” (the “Trade Mark”) and has operations in more than 40 countries, with sales revenue of Euro 900 million in 2020.
Determined: Finding for Complainant
Disregarding the gTLD “.army”, the domain name is identical to the Trade Mark, registered by Complainant as a word mark under European Union registration No. 000155374, with a registration date of September 5, 2003.
[URS 1.2.6.2] Registrant has no legitimate right or interest to the domain name.
Determined: Finding for Complainant
Respondent has no legitimate rights or interests in respect of the domain name. Respondent has no trade mark rights in respect of the domain name. The domain name has been resolved to a website which claims to be “Anti Covid Army (ACO)” and to offer a cryptocurrency; but which appears to be a fake business, trying to attract Internet users with an aim to invest in cryptocurrency or, at least, join other platforms (such as a Telegram channel).
[URS 1.2.6.3] The domain name was registered and is being used in bad faith.
Determined: Finding for Complainant
In light of its manner of use, the domain name has been registered and used in bad faith under [URS 1.2.6.3] and under [URS 1.2.6.3] paragraph d.
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration:
<aco.army>
Mr. Sebastian Matthew White Hughes, Examiner
Dated: December 17, 2021
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