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.

The Complainant entered into an advertising contract with Volkswagen and a story was developed about fictitious character Schlämmer, a journalist, taking driving lessons. To promote the campaign, the Complainant created the blogs "schlaemmerblog.tv" and "schlaemmerhatgolf.tv". The highly successful campaign was active between January and September 2007; the disputed domain names were subsequently cancelled. The Respondent registered both domain names in January 2008, and has since used them to show pornographic content and links to sex services. In February 2008, the competent court in Cologne, Germany, issued a preliminary injunction against the Respondent to cease the use of the disputed domain names for entertainment services. The Respondent did not comply with this court order.

Tobias Zuberbühler, acting as sole panelist, found that the disputed domain names were confusingly similar to the Complainant’s German trade mark in HORST SCHLÄMMER, as required by paragraph 4(a)(i) of the Policy: