The Applicant by gabyion

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									                                           DECISION                                     Ticket-
                                           2003-10-21                                   number
                                                                                        27.




               Applicant
               Aftonbladet Hierta AB, 556100-1123, 105 18 Stockholm

               Counsel: Advokat Henrik W, Heidenstam & Nicander Advokatbyrå AB,
               Strandvägen 7 B, 114 56 Stockholm


               Opponent
               Patric S, Schweiz


               The case
               Dispute resolution for the domain name <aftonbldet.se>

               ---------


               The Foundation for Internet Infrastructure (IIS) reports the following

               Decision
               The Domain Name <aftonbldet.se> is transferred to the Applicant Aftonbladet
               Hierta AB.


               ---------




Postadress             Besöksadress            Telefon        Telefax         Hemsida
II-Stiftelsen          Sehlstedtsgatan 9       08-662 54 40   08-662 54 54    www.iis.se
Box 7399                                       08-662 54 50                   E-post: atf@iis.se
103 91 STOCKHOLM
                                                                                     2

Decision concerning the Language of the Proceeding
According to Section 22 of the Procedural rules (“the Rules”) for alternative
dispute resolution for the top level domain .se, an application for an alternative
dispute resolution procedure may be made in the language in which the
application for registration of the domain name was made. Where the
application language for registration is English, the language of the dispute
resolution procedure shall also be English. If the application for a dispute
resolution is made in Swedish, the language of the procedure shall be Swedish.

In the present case, the application for registration of the domain name
<aftonbldet.se> was made in Swedish and the application as such for the
dispute resolution is made in Swedish.

However, the Adjudicator notes that the Opponent seems to be a natural person
living in Switzerland, that the Applicant and the Opponent has communicated
in English (as shown by Annex 5 and 6 of the Application) regarding the
dispute, and that the Opponent’s communication with IIS / Nic-Se is in English.

The Adjudicator therefore concludes that the circumstances in this case are
equivalent to an application filed in English and, accordingly, the language of
the procedure shall be English.

Background
An application for alternative dispute resolution regarding the domain name
<aftonbldet.se> was received by the IIS on September 12, 2003 and
communicated to the Opponent. The Opponent responded on October 7, 2003.

On September 12, 2003 P-E H Petter Rindforth was appointed as Adjudicator
in this matter. The Projected Decision Date was November 9, 2003.

Claims
The relevant claim of the Applicant is that the disputed domain name
<aftonbldet.se> shall be transferred to the Applicant, Aftonbladet Hierta AB.

The parties have stated

The Applicant
The Applicant is the publisher of the periodical Aftonbladet, founded in 1830.
The Applicant also provides news services under the domain name
www.aftonbladet.se since August 25, 1994. Aftonbladet.se is one of the most
visited web sites under the top level domain .se.

The Applicant holds the company name Aftonbladet Hierta AB as well as the
Swedish trade mark registration AFTONBLADET (copy of the Certificate of
Registration provided as Annex 2 of the Application).

The trade mark AFTONBLADET is well known in Sweden and of good repute.

The Opponent is the holder of the domain name <aftonbldet.se>, registered
May 27, 2003. The domain name is directed to the web site
www.adultfriendfinder.com, claimed to be “The World’s Largest Sex Personals
site”.
                                                                                     3

On August 27, 2003 the Applicant sent a letter to the Opponent, informing him
that his use of the disputed domain name constituted trade mark infringement
and asked the Opponent to assign the domain name to the Applicant,
voluntarily and free of charge.

On September 3, 2003 the Opponent replied, via e-mail, that aftonbldet.se
created a lot of traffic to his pages, making an income for the Opponent, and
that he therefore could not assign the domain name for free. The Opponent
suggested “at least” EUR 10 000 to be a “fair value” of the domain name
(Annex 6 of the Application).

The Applicant contends that the domain name is, overall, identical to the
domain name aftonbladet.se, with the only difference that the letter “A” is
removed from the suffix “BLADET”. AFTONBLDET and the well known
trade mark AFTONBLADET are confusingly similar, with only a misspelling
to differ.

The Applicant has not consented to the Opponents use of the domain name and
there are no commercial connections between the parties. The Opponent is not
commonly known by the domain name and has no trade mark or trade name
including the word AFTONBLDET.

The Opponent uses the domain name for commercial purposes (according to
the e-mail reply of the Opponent, Annex 6). The said use of the domain name is
harmful to the reputation of the Applicant, as <aftonbldet.se> is linked to a site
with pornographic content.

The Opponent
The Opponent has, in his reply of October 7, 2003 consented to the
assignment/transfer of the disputed domain name to the Applicant.

Reasons of the Adjudicator
The holder of the domain name <aftonbldet.se> has given his consent to
the transfer of the domain name to the Applicant. As the disputed
domain name is confusingly similar to the Applicant’s well known trade
mark AFTONBLADET and there are no circumstances presented to the
Adjudicator to the contrary, the Applicants transfer claim shall be
granted.




On behalf of the Foundation for Internet Infrastructure



P-E Petter Rindforth

								
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