{
    "case_number": "CAC-UDRP-100388",
    "time_of_filling": "2012-02-15 11:18:48",
    "domain_names": [
        "pirelliscorpionatr.net"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "Pirelli & C. S.p.A."
    ],
    "complainant_representative": "Avvocato Pierfrancesco Carmine Fasano (FASANO-Avvocati)",
    "respondent": [
        "Private Whois pirelliscorpionatr.net"
    ],
    "respondent_representative": null,
    "factual_background": "Pirelli was founded in 1872 and became one of the largest tyre producers in the world. The Complainant registered its main domain name 'pirelli.com' on 11 January 1995 (see annexes 2 and 3 of complaint).\r\n\r\nThe Complant's tyre business consists of two main segments: consumer (70% of total revenues) deals with tyres for motor vehicles, sports utility vehicles (SUVs), light commercial vehicles and motorbikes; and industrial (30% of revenues), which means tyres for buses, heavy trucks, agricultural machinery and steelcord, the fundamental strengthening element for radial tyres. Thanks to the success and leader position achieved by the Complainant, its trademarks are well-known worldwide.  The brand value of PIRELLI has been estimated by Interbrand in 2010 at approximately 1.8 billion euros.\r\n\r\nAmong its numerous tyre ranges, PIRELLI commercializes the product line called “Scorpion” especially developed for SUV’s and crossover vehicles. The tyre named “Scorpion ATR” is an all terrain tyre; versatile in all situations with excellent off road capabilities. Scorpion ATR features a tread with a specific self-cleaning pattern. It facilitates the most demanding off-road driving and resists the hardest shocks on uneven surfaces. \r\n\r\nThe Domain Name “pirelliscorpionatr.net” was registered on September 10, 2011, i.e. well after Complainant’s trademarks. \r\n",
    "other_legal_proceedings": "None",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown that the Domain Name is 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), namely to the trademark PIRELLI.\r\n\r\nThe Domain Names consists of this well known trademark and of two additional words, SCORPION and ATR, which constitute the name of a range of tyres of the Complainant. By adding these two words to the trademark PIRELLI, the Respondent did not take away the likelihood of confusion but increased the likelihood of confusion.",
    "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). The Complainant   has no relationship with the Respondent and has not allowed the Repondent to use its marks or the Domain Name. The Respondent did not contradict this.",
    "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). \r\n\r\nThe Respondent not only used the well known PIRELLI trademarks in the Domain name, but also the product name of the Complainant's tyres. This evidences a clear intent to trade upon the reputation and good will associated with the PIRELLI trademarks. Respondent  deliberately used the PIRELLI trademarks in the Domain Name to attract, for commercial gain, Internet users to his web site, by creating a likelihood of confusion with PIRELLI’s marks and products to the source, sponsorship, affiliation or endorsement of its domain name or of a product or service on such web site.  \r\n",
    "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": [
        "Tom  Heremans"
    ],
    "date_of_panel_decision": "2012-03-23 00:00:00",
    "informal_english_translation": "The Complainant is the proprietor of numerous registrations and applications for trademarks, comprising the word \"pirelli\" in Italy, the EU, the US and many other countries all over the world. The Complainant is the proprietor of the Community trademark PIRELLI which is registered under number 9483173 for several products and services, including tyres. ",
    "decision_domains": {
        "PIRELLISCORPIONATR.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}