{
    "case_number": "CAC-UDRP-102055",
    "time_of_filling": "2018-06-20 09:11:43",
    "domain_names": [
        "SPARCORACINGUSA.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Sparco S.p.A."
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "Grillstuff, LLC."
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a joint stock company registered in Italy, with subsidiaries in the U.S.A., Brazil and Tunisia.  It is a manufacturer of racing equipment that was founded in 1977.\r\n\r\nCurrently, the Complainant company’s turnover exceeds 65 million Euro and it has approximately 900 employees. It services over 300 top motorsport teams racing in world championships.   \r\n\r\nThe Complainant owns a number of trade marks containing, or consisting of, the word “SPARCO”, including in United States Trade Mark Registration No. 1367444 SPARCO for various fire proof clothing, including gloves, that has a registration date of October 29, 1985. It also claims to be the registrant of domain names containing the word SPARCO, including, but not limited to, <sparcousa.com>, which has been registered since 2000. \r\n\r\nAccording to the WHOIS extract for the disputed domain name the Respondent provided his name as Charlie James of Grillstuff LLC and his address as being in the United States of America.  The disputed domain name was registered on 15 October 2009.  At the time of filing the Complaint the disputed domain name did not resolve to a website.  However in the past the disputed domain name has redirected to a website offering for sale performance apparel and accessories for vehicles and racing, including racing gloves.  The Complainant provided two historical archived screenshots of this website.  One from 8 December 2009 shows various racing apparel and accessories, such as racing gloves, for sale including those branded SPARCO and those branded with brands belonging to competitors of the Complainant.\r\n\r\nOn 7 May 2018 the Complainant wrote an e-mail to the Respondent asserting its rights in the SPARCO trade mark and requesting, amongst other things, a transfer of the disputed domain name to it. No response to this e-mail was received by the Complainant.\r\n",
    "other_legal_proceedings": "There are no other legal proceeding that the Panel is aware of which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "No administratively compliant Response has been filed.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed 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 disputed 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 disputed 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": [
        "Mr Andrew Norman Sykes"
    ],
    "date_of_panel_decision": "2018-07-24 00:00:00",
    "informal_english_translation": "United States Trade Mark Registration No. 1367444 SPARCO for various fire proof clothing in class 9.",
    "decision_domains": {
        "SPARCORACINGUSA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}