FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
I. The Complainant
The Complainant eKomi, is one of the largest European independent provider of transaction-based reviews & ratings. Ekomi became a Google worldwide partner and currently has over 250 employees all over the world. The Complainant headquarters are in Berlin, Germany and Los Angeles, California while other Offices are based in London, Paris, Madrid, and San Francisco.
To date eKomi has gathered and published over 40,000,000 reviews for customers. More than 14,000 companies think that eKomi´s social commerce solution enables trust, increases sales and reduces returns.
Ekomi is active in more than 26 countries all over the world through its website (http://www.ekomi.com/ The Complainant is also active in the main social networks, among which, we cite: facebook (https://it-it.facebook.com/ twitter (https://twitter.com/ and linkedin (https://www.linkedin.com/
II. The disputed domain name
The disputed domain name, <ekomi-it.info> was registered on March 30, 2016. Since its creation, the disputed domain name directed to a website which reproduced a substantial portion of the Italian version of the Complainant’s official website, adopting the same format and wording.
The disputed domain name was and still is registered through a proxy service, namely Domains By Proxy, LLC, so that the real owner is not disclosed. The Complainant has first approached the disputed domain name’s web hoster (Go Daddy) asking to deactivate the website, which was actually done by Go Daddy. Later, the Complainant discovered the following page http://ekomi-it.info/ which proved that the disputed domain name was still active. In particular, this page shows that the fake site applies the eKomi ratings to specific companies. Therefore, the Complainant again approached GoDaddy, which only recently has deactivated also this link.
At the same time, the Complainant contacted the formal owner of the disputed domain name, namely Domains by Proxy, asking the cancellation of the disputed domain name. Domains by Proxy refused to do so, but, in turn, provided the information on the real owner of the disputed domain name, namely Nadia Emi, with an address in Rome. The Complainant has attempted to contact, through its counselors, the real Registrant of the disputed domain name, by sending a cease and desist letter. The letter was sent through ordinary postal office (but was returned due to unknown recipient) and by email, without receiving any reply.
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