The Complainant PIRELLI & C. S.p.A. is a multinational company based in Italy and is among the largest tyre manufacturers in the world.
The Complainant is the owner, amongst others, of the following trademark registrations for PIRELLI (word mark):
the Italian Trademark Registration Nos. 1133043, filed on May 7, 1975, in classes 19 and 37; 1312451, filed on March 5, 1958, in classes 1, 2, 7, 8, 9,10, 11, 12, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 34; the Community Trademark Registration No. 3733136, filed on March 31, 2004, in classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45; the International Trademark Registration No. 720495, registered on May 7, 1999, in classes 1, 2, 7, 8, 9, 10, 11, 12, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 34; the Indonesian Trademark Registration Nos. 100881, filed on September 14, 1984, in class 12; 548971, filed on October 27, 1994, in class 9; 100880, filed on September 14, 1984, in class 9; and 100882 filed September 14, 1984, in class 11.
The Complainant has used its trademark PIRELLI for many years in connection with, inter alia, goods and service in the tyre sector. The Companant's PIRELLI mark is well-known and the name PIRELLI is renowned in connection with tyres.
The Complainant is also the holder of several domain names constituted by or including the mark PIRELLI, amongst others, of the following domain names: <pirelli.com>, registered on January 11, 1995 and <pirellityres.com>, registered on July 29, 2002.
The disputed domain name <pirellireifen.info> was registered, on November 8, 2011, in the name of Domains By Proxy, LLC. Soon after CAC's Request for registrar verification, the Registrar disclosed the data of the underlying registrant of the disputed domain name, identifying the registrant as Cas Rudi, located Jln jeruk raya blok L4 No 1 Rt 05 Rw 15 Kel Sukatani Kec Tapos Depok, JawaBarat 16454 Indonesia (email address: casrudi@ymail.com). The Complainant thus added Cas Rudi as Co-Respondent to the Complaint and has been allowed to proceed against both.
The disputed domain name is not currently used for an active website, but has been used in the past to promote tyres of a number of companies which are in direct competition with the Complainant.
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