{
    "case_number": "CAC-UDRP-100877",
    "time_of_filling": "2014-11-12 12:25:52",
    "domain_names": [
        "PIRELLIMEXICO.COM"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Pirelli & C. S.p.a."
    ],
    "complainant_representative": "Avvocato Pierfrancesco Carmine Fasano (FASANO-Avvocati)",
    "respondent": [
        "Registration Private - Domains By Proxy, LLC"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nPirelli & C. S.p.A. (hereinafter referred to as “Pirelli”) is a well-known multinational company. With sales of 6.15 billion Euros in 2013, it is the fifth largest global tyre manufacturer and leader in the high-end segments with high technological content. Today, Pirelli has 21 plants located in 13 countries throughout the world (Italy, U.K., Germany, Russia, Turkey, Romania, China, Egypt, Argentina, Brazil, Venezuela, Mexico, U.S.A.) and a commercial network that covers over 160 countries.\r\n\r\nFounded in 1872 and listed on Milan Stock Exchange since 1922, Pirelli is distinguished for its long industrial tradition, combined with capacity for innovation, product quality and a brand strength, supported since 2002 by PZero fashion and high-tech projects and  further enhanced by Formula 1, for which Pirelli has been the exclusive tyre supplier since 2011.\r\n\r\nFurther to its core business of tyre manufacturing, Pirelli has created new businesses in other segments: Pirelli Ambiente, engaged in the renewable energy sector; Pirelli & C. Eco Technology, dedicated to developing technologies to control pollutant emissions; Pirelli Labs, a centre of technological excellence and engine of innovation.\r\n\r\nThanks to the success and leader position achieved by Pirelli in relation to all segments in which it operates, its trademarks are well-known worldwide. In 2008 Pirelli was ranked among the 10 most valuable Italian global brands. According to Interbrand valuation made in 2011, Pirelli’s brand has a value of 2.27 billion Euros, with an increase of 26% compared vs 1.8 billion Euros in 2010. Pirelli’s presence in Formula 1 contributed for 200 million Euros to this growth. Pirelli sees its trademark as a driver to favor growth in the premium segment. According to the Interbrand figures, the Pirelli brand is 15% more effective than other brands in the choice of tire purchases mainly due to the consumer's perception of a premium brand particularly appreciated for its sporting, glamorous and prestigious image. Marketing expenditure is forecast to double in future to increase the brand’s fame in all key premium markets, by optimizing the allocation between advertising and digital marketing and creating strong synergies between tires (Pirelli), Fashion (P Zero), the Pirelli Calendar and Formula 1.\r\n\r\nThe domain name “pirellimexico.com” was registered on 13 October 2009, i.e. well after the various Pirelli trademarks were taken out. The disputed domain name registration takes advantage of a privacy or proxy registration service. As certified by the relevant WHOIS records at the time of filing of the Complaint,  Registration Private - Domains By Proxy, LLC was shown as registrant.\r\n\r\nDuring the pre-complaint dealings the Complainant learnt that Mr. Luis Javier Pelayo - Llantas Supremas S.A. is the owner of the domain name. Soon after CAC's Request for registrar verification, the Registrar furthermore disclosed the data of the underlying registrant of the disputed domain name: Luis Javier Pelayo, Llantas Supremas S.A., Calz. Vallejo 1156, Col. Pardo Vallejo, Edo. de Mexico, 54170 Mexico (Phone: 52 55 53894066; Fax: 52 55 536895768; E-mail: lj.pelayo@llantassupremas.com.mx).\r\n\r\nBeing aware of the identity of the \"true\" domain name holder, the Complainant added Luis Javier Pelayo - Llantas Supremas S.A. as Co-Respondent to the Complaint.\r\n\r\nBefore receiving the Complainant’s cease and desist letter the domain name resolved to a web site displaying the well-known PirelliMarks of the Complainant. Currently the domain name resolves to a parking page permitting the Respondents to earn pay-per-click revenue there is no evidence that the Respondent has used or been preparing to use the domain name “pirellimexico.com” in connection with a bona fide offering of goods or services or a legitimate noncommercial or fair use but rather documents submitted by the Complainant stand as evidence that commercial gain may be secured from misleadingly diverting consumers. \r\n\r\nThe Complainant adduced evidence that the Respondent is engaged in a pattern of registering domain names confusingly similar to the Pirelli marks, to which he is not entitled and preventing the Complainant from registering the domain names such as: pirellimexico.com, pirellimexico.com.mx, pirellimexico.mx, llantaspirelli.mx. Soon after the receipt of such cease and desist letter the Respondent replied confirming to be owner of the domain name and offering it for sale to the Complainant for an amount which exceeds his out-of-pocket expenses related to the domain name. Furthermore, he cancelled the content of the web site, so removing future trace of material infringing the Complainant's rights but redirected the domain name to a parking page.",
    "other_legal_proceedings": "No other proceedings have been notified to the Panel.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT: The slight difference through addition of a geographical term \"mexico\" notwithstanding, the disputed domain name “pirellimexico.com” is confusingly similarity to the trademarks or service marks in which the Complainant has rights and should be transferred to Pirelli, because its registration and use constitutes usurpation and violation in bad faith and with no legitimate right or interest on the Respondent's part of the rights of the Complainant with regard to its trademarks, trade name and domain names. \r\n\r\n\r\nThe Complainant requested that this dispute be allowed to proceed against Registration Private - Domains By Proxy, LLC as well as Luis Javier Pelayo - Llantas Supremas S.A..\r\n\r\nRESPONDENT: None.",
    "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.\r\n\r\nBased on the arguments of CAC decision No. 100221 the Panel accepts the request of the Complainant that the Complaint proceeds against Registration Private - Domains By Proxy, LLC as well as Luis Javier Pelayo - Llantas Supremas S.A.",
    "decision": "Accepted",
    "panelists": [
        "Kevin J. Madders"
    ],
    "date_of_panel_decision": "2014-12-16 00:00:00",
    "informal_english_translation": "Numerous trademarks under several Nice Classification categories are registered in favour of the Complainant in a range of jurisdictions. The Complainant has furthermore offered extensive proof of reputation and of being the holder of the pirelli.com domain name registration. The rights thereby identified relate to the brand \"Pirelli\" in several variants and include in particular rights related to tyres which have been marketed on the basis of the notoriety the Pirelli brand has won, including in the sporting world in connection with Formula 1 racing.",
    "decision_domains": {
        "PIRELLIMEXICO.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}