A UDRP against the domain OpenSAP.com was filed at the WIPO; the Complainant is SAP SE of Walldorf, Germany. The Respondent, is a domain investor.
According to the complaint:
“The Complainant provides trademark registrations, and submits that the SAP trademark is well-known. The Complainant argues that the Domain Name is confusingly similar to the Complainant’s trademark. The Domain Name fully incorporates the Complainant’s tradename and registered trademarks.
The Complainant argues further that the Respondent has no legitimate interest in or legitimate, bona fide business purpose for using <opensap.com>. The Respondent has no trademark rights or any other legitimate rights in the mark SAP, nor has it been authorized or licensed by the Complainant to use this trademark. Moreover, the Domain Name resolves to a parking page that offers the Domain Name for sale for EUR 10,000.
As to bad faith, the Complainant argues that the Respondent was aware of the Complainant’s famous trademark before the Domain Name was registered. The Complainant has used the trademark and tradename long before the Respondent registered the Domain Name. Moreover, the Respondent has offered to sell the Domain Name for EUR 10,000. This is evidence of bad faith registration and use as identified in the Policy.”
Although there was no response by the Respondent, the case was quick; the sole panelist stated that “the Complainant has made out an unrebutted prima facie case,” and ordered the domain OpenSAP.com to be transferred to the Complainant.
One interesting element of the domain OpenSAP.com is that it appears to be taking advantage of the existing Open.SAP.com subdomain operated by the Complainant.
Such registrations resemble the old school “www” prefix ones, where wwwexample.com would be registered as a typo-traffic generator for example.com.
In the case of OpenSAP.com, it serves as a notice for busy web sites operating from sub-domains to switch to a different structure, with the content *after* the domain.
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