{ "case_number": "CAC-UDRP-100387", "time_of_filling": "2012-02-15 10:48:19", "domain_names": [ "pirelli-scorpion-zero.com", "pirelli-scorpion-zero-asimmetrico.com" ], "case_administrator": "Tereza Bartošková (Case admin)", "complainant": [ "Pirelli & C. S.p.A." ], "complainant_representative": "Avvocato Pierfrancesco Carmine Fasano (FASANO-Avvocati)", "respondent": [ "Kirill Samokhin" ], "respondent_representative": null, "factual_background": "The Complainant contends its company is the fifth largest global tyre maker by sales with 20 plants in 11 countries throughout the world (Argentina, Brazil, China, Egypt, Germany, United Kingdom, Italy, Romania, Turkey, United States and Venezuela). Furthermore the Complainant asserts doing business in 160 countries worldwide.\r\n\r\nThe trademarks owned by the Complainant shall not only be registered and used in commerce in a great majority of countries in the world, but shall also be well-known in the sense of article 6bis of the Paris Union Convention.\r\n\r\nThe Complainant asserts that among its numerous tyre ranges the Complainant also commercializes a product line called especially developed for SUV’s and crossover vehicles. A tyre type named shall have a high performance on roads with optimal safety in off road conditions. While the shall have a symmetric tread pattern for powerful SUVs the tyre type , with an asymmetric tread pattern, shall ensure sporting performance and safety in light off-road conditions. The Complainant contends that the has won awards in tests organised by the most authoritative magazines in the sector, combining features of roadholding and even tread wear, leading to improved mileage capability. The Complainant explains that the word “asimmetrico” means “asymmetric” in Italian. \r\n\r\nThe Complainant asserts that the disputed domain names are identical or confusing similar to the trademarks and that the Respondent has no rights or legitimate interests in respect of the domain names. Furthermore the Respondent has registered the domain names in bad faith because the Respondent must have known the Complainant as one of the leading tyre makers with numerous branches and must have known the international reputation of the Complainant as well as the tyre typ named at the time of the registration of the domain names and under the top-level domain (dot)com.\r\n\r\nThe Complainants asserts that entering and in the address bar of an internet browser on January 25, 2012 the answer was resolved to websites containing links offering the purchase of tyres as well as the description of the products of the Complainant (Scorpion Zero and Scorpion Zero Asimmetrico) and that upon receipt of a cease and desist letter the Respondent removed the content previously found on the websites. \r\n", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.", "no_response_filed": "The written notice of the Complaint and technical information how to access to the UDRP on-line platform together with the full login for the Respondent was sent to the Respondent but neither the written notice of the Complaint nor the advice of delivery thereof was returned to the Czech Arbitration Court. The Czech Arbitration Court is therefore unaware if the written notice was received by the Respondent or not. \r\n\r\nBut as far as the e-mail notice of the Complaint is concerned, the Czech Arbitration Court received a confirmation that the e-mail sent to the e-mail address submitted by the Respondent on registration of the disputed domain names was relayed. Only the e-mail notices sent to and were returned back undelivered as the e-mail addresses had permanent fatal errors.\r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trademark or service mark in which the complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy).", "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy).", "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).", "procedural_factors": "The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.", "decision": "Accepted", "panelists": [ "Prof. Dr. Lambert Grosskopf, LL.M.Eur." ], "date_of_panel_decision": "2012-03-18 00:00:00", "informal_english_translation": "The Complainant - a well known Italian tyre manufacturer - is the registered owner of a large number of trademarks in Italy, in the EU, in the United States and in many other countries all over the world consisting of or including the expression . Among those trademarks are at least 18 Italian trademarks with international registration and 20 Community trademarks.\r\n\r\nThe Complainant has also registered at least 174 domain names incorporating the expression under nearly all known top-level domains.", "decision_domains": { "PIRELLI-SCORPION-ZERO.COM": "TRANSFERRED", "PIRELLI-SCORPION-ZERO-ASIMMETRICO.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }