{
    "case_number": "CAC-UDRP-100380",
    "time_of_filling": "2015-09-08 11:27:43",
    "domain_names": [
        "ALENIA.INFO"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "FINMECCANICA S.p.A."
    ],
    "complainant_representative": "desimone & partners",
    "respondent": [
        "NAILIL KHOIRIYAH"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nFinmeccanica S.p.A. (the “Complainant”) is Italy’s leading industrial group in the high technology sector and ranks among the top ten global players in aerospace, defence and security. Finmeccanica is also a pioneer in the satellite services market, and has substantial expertise and a well-established position in the global transport and power generation markets. \r\n\r\nThe Finmeccanica group and its partner businesses employ 70,000 employees, and the group has an international presence that has grown to the point where its covers about 350 companies, joint ventures, partnerships and joint industrial projects throughout the world. The technological excellence of its products has made it not only a global competitor, but also a strong partner in several significant international projects including the SuperJet 100, Eurofighter, B787 Dreamliner, ATR, Joint Strike Fighter, Galileo and the International Space Station.\r\n\r\n“Alenia” is also part of the company name of AleniaAermacchi, a Finmeccanica company. AleniaAermacchi is the Italian leader in aeronautics, amongst the world’s top players in the design, development, manufacture and support of commercial and military trainers and unmanned aircraft systems. \r\n\r\nThe registrant, respondent in these proceedings, Nailil Khoiriyah (the “Respondent) is a physical person based in Indonesia. The Domain Name points to a default holding page for a software company. The site seems to have no other scope than attracting users to the software company's holding page, having no connection with the Complainant, but trying to take advantage of the reputation of the ALENIA trade mark.\r\n\r\nOn 16 July 2015 the Complainant sent, via email, a warning letter to the Respondent to which he did not reply. \r\n\r\nThe disputed Domain Name was registered on 28 May 2015.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the disputed domain name ALENIA.INFO (the 'Domain Name').",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nIdentical or Confusingly Similar to a Trademark or a Service Mark in which the Complainant has Rights (Policy, Para. 4(a)(i)) \r\n\r\nThe Complainant’s trade mark ALENIA and the domain name <alenia.info> are identical.\r\n\r\nThe applicable top-level .info suffix in the Domain Name would usually be disregarded (as it is a technical requirement of registration), except in certain cases where the applicable top-level suffix may itself form part of the relevant trademark. \r\n\r\nRights or Legitimate Interests (Policy, Para. 4(a)(ii)) \r\n\r\nThe Complainant claims that the Respondent has no right or legitimate interests in respect of the Domain Name.\r\nThere is no evidence at all that the Respondent is commonly known by the Domain Name. \r\n\r\nThe Domain Name is being used to advertise the business of the software company providing the holding page, a provider that it is known under a completely different trade name, i.e. Softaculous Webuzo.\r\n\r\nThe Respondent is using the Domain Name for attracting as many Internet users as possible to the software business' website, a site that is unduly taking advantage of the renown of the ALENIA trade mark(s). \r\n\r\nThe Respondent has not been licensed or otherwise authorised to use any of the Complainant’s trade mark(s) or to apply for or use any domain name incorporating such trade mark(s). \r\n\r\nThird UDRP Element: Registration and Use in Bad Faith (Policy, Para. 4(a)(iii))\r\n\r\nThe domain name has been registered and is being used in bad faith. When registering the Domain Name, the Respondent was aware of the Complainant’s well-known business and reputation in its specific sectors. \r\n\r\nThe Respondent \"knew or should have known\" about the existence of the Complainant's trade mark. Circumstances in which panels have made such a finding have included those in which the Complainant's trade mark(s) were shown to be well known or in wide use on the Internet or otherwise at the time the domain name was registered, or when a respondent's denial of knowledge is otherwise highly improbable. \r\n\r\nFurthermore, as the Domain Name corresponds to the Complainant’s trade mark(s), it is so obviously connected to the Complainant that its very use by someone with no connection with the Complainant suggests bad faith.\r\n\r\nAs said above, the Domain Name is resolving to a default website page generated by Softaculous Webuzo. Softaculous indeed seems to be the name of the Company based in India, Softaculous Ltd, and corresponds to the name of one of the products by Softaculous (named the same). It seems that the Domain Name has no other scope than to attract Internet users to the website for commercial gain by confusing consumers.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trade mark 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\nThe Complainant, being represented by desimone & partners in Italy, filed its complaint in relation to the Domain Name with the Czech Arbitration Court on 4 September 2015.\r\n\r\nThe CAC formally commenced proceedings on 14 September 2015 and notified the Respondent accordingly.\r\n\r\nThe Respondent failed to submit an administratively compliant Response within the time frame required in this Complaint, and a Notification of Respondent’s Default was therefore issued by the CAC on 13 October 2015.\r\n\r\nHowever, it should be noted that the CAC received on 13 October 2015 several emails from the Respondent claiming that the Respondent's email was hacked and the Domain name was deleted. Nevertheless, the Respondent did not submit any evidence in that regard. As the Registrar confirmed the disputed Domain name is locked during the pending administrative proceeding, so the Domain Name could not be deleted, the Panel is of the opinion that it is appropriate to deliver a decision in these proceedings. \r\n\r\nHaving received a Statement of Acceptance and Declaration of Impartiality, the Czech Arbitration Court appointed Steve Palmer, of Palmer Biggs Legal - Solicitors, as the Panel in these UDRP proceedings on 13 October 2015. ",
    "decision": "Accepted",
    "panelists": [
        "Steve Palmer"
    ],
    "date_of_panel_decision": "2015-10-26 00:00:00",
    "informal_english_translation": "Finmeccanica S.p.A. (the “Complainant”) is the owner of registered trade marks for ALENIA across a number of territories worldwide, including the European Union, the United States of America and Indonesia which predate the registration of the disputed Domain Name. ",
    "decision_domains": {
        "ALENIA.INFO": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}