{
    "case_number": "CAC-UDRP-100864",
    "time_of_filling": "2014-10-15 16:33:30",
    "domain_names": [
        "AERMACCHIGIOIELLI.COM"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Finmeccanica - Società per Azioni"
    ],
    "complainant_representative": "desimone & partners",
    "respondent": [
        "Contact Privacy Inc. Customer 0136162044"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n\"Aermacchi\" is one of the oldest trademarks in the world aviation and aircraft business. The original Macchi company, founded by Eugenio Macchi on 1 May 1913 in Varese, produced a famous line of high-speed flying-boats and seaplanes. Since then, the company has built over 7,000 aircraft including about 2,000 trainers for more than 40 countries. It was acquired by Finmeccanica in 2003 and now operates as a wholly-owned subsidiary under the name Alenia Aermacchi. In 2006 it achieved 297 million Euros in sales.\r\n\r\n\"Aermacchi\" is a well-known trademark, very famous firstly in the aircraft sector (as this was the company's original field of interest and is now the actual sector of business), but also in the motorcycle sector where the company had a successful joint venture with Harley Davidson. \r\n\r\nAt the time the Complaint was filed the whois record for the disputed domain name showed \"Contact Privacy Inc. Customer 0136162044\" as domain name registrant. At the subsequent registrar verification the whois record had been modified and stated \"Ana Pascual Carreras\" with a street address in Tenerife and the email address \"sales@canosci.com\" as the registrant. Complainant had previously been involved in two trademark related disputes with a company Grupo Canosci S.L., which had operated under the same street address and used the same email address as the registrant (as confirmed by the registrar verification). Root cause of both previous disputes was Grupo Canosci S.L.' use of the brand \"AERMACCHI MILANO\" for jewellery products. One of the cases lead to the CAC UDRP decision no. 100384 (https:\/\/udrp.adr.eu\/adr\/decisions\/decision.php?dispute_id=100384), in which the Panel had accepted the complaint and decided to transfer the domain names \"AERMACCHI.COM\" and \"AERMACCHIMILANO.COM\" from Grupo Canosci S.L. to the Complainant. Complainant had also initiated invalidity proceedings with case no. R 2448\/2010-4 before the Office for Harmonization in the Internal Market (OHIM), in which the Fourth Board of Appeal declared Grupo Canosci S.L.’s European Community trademark no. 6323422 “AERMACCHI MILANO” for various goods and services in classes 14, 18 and 35 to be invalid because it was applied for in bad faith. ",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings which relate to the disputed domain name.",
    "no_response_filed": "The only response to the Complaint which the CAC has received was the following email of 27 October 2014 from \"info@aermacchigioielli.com\" to the CAC's case administrator: \r\n\r\n\"Dear Lada\r\nI think the site is online, but the office was closed from several months and the site, we think, will expire on\r\n12\/02\/2014.\r\nAll people have changed the job, the office was closed and we don't want problems.\r\nI'll say anyway to the old computer technician ,to cancel the old web-page, don't worry.\r\nYou can close the web page without any problems.\r\nMany thanks and sorry for the trouble\r\nBest regards\"\r\n\r\nApart from this email, no administratively compliant Response has been filed. ",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is confusingly similar to the trademarks cited above 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. This particularly applies to respondent's use of a proxy registration service, which is generally accepted as being no obstacle to a UDRP decision (cf. section 4.9 of the WIPO Overview 2.0, http:\/\/www.wipo.int\/amc\/en\/domains\/search\/overview\/index.html#49 ). ",
    "decision": "Accepted",
    "panelists": [
        "Dr. Thomas Schafft"
    ],
    "date_of_panel_decision": "2014-11-27 00:00:00",
    "informal_english_translation": "Complainant owns, inter alia, the registered European Community trademark no. 5496328 “AERMACCHI” with a priority date of 24 November 2006, which is protected for various goods and services in classes 9, 12, 13, and 37. \r\n\r\nComplainant also owns the registered Italian trademark no. 1328540 “AERMACCHI” with a priority date of 15 April 2008, which is protected, inter alia, for \"jewellery\" and other goods in class 14. ",
    "decision_domains": {
        "AERMACCHIGIOIELLI.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}