{ "case_number": "CAC-UDRP-102075", "time_of_filling": "2018-07-24 12:41:24", "domain_names": [ "UYNSPORT.COM" ], "case_administrator": "Sandra Lanczová (Case admin)", "complainant": [ "Trerè Innovation S.r.l." ], "complainant_representative": "FASANO PAULOVICS Società tra Avvocati", "respondent": [ "Mattia Cavazzini" ], "respondent_representative": null, "factual_background": "Although the Respondent filed a Response to the Complaint, it did not challenge the facts or evidence submitted by the Complainant. Therefore, the Panel considered the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:\r\n\r\n(a) The Complainant is an Italian family-owned clothing company with over 70 years of history based in Asola, province of Mantova, Italy specializing in production of socks, underwear and clothing with a high technical content;\r\n\r\n(b) Since 2017 the Complainant has been engaged in the design and development of a range of products, comprising base layers, mid layers, functional socks and accessories for outdoor sports under its own new brand UYN (Unleash Your Nature);\r\n\r\n(c) The Complainant is also owner of multiple domain names consisting of the terms “uynsports”, “uynsport” and “unleashyournature”, such as registered on 29 June 2017 and used as primary website of the Complainant’s UYN products as well as , , , , , , , , , and .\r\n\r\n(d) The Disputed domain name was registered on 18 September 2017, a few months after the filing and publication of the Complainant’s Trademarks and registration of the primary domain name of the Complainant and has not been actively used ever since. The Disputed domain name resolves to a website which states “Lavori in corso” (under construction in Italian) and “Coming soon”;\r\n\r\n(e) Two other domain names under the ccTLD .it and were registered on the same date as the Disputed domain name, through the same registration service provider\/registrar, using the same nameservers and IP addresses. The websites to which these other domain names resolve have the same layout and display the same content as the website under the Disputed domain name (“lavori in corso” and “coming soon” messages and logo); and\r\n(f) the Complainant's provider (Register.it S.p.A.) contacted the Respondent on 22 February 2018 and with Complainant's offer of EUR 6,000 for the transfer of the Disputed domain name, however, the Respondent rejected such offer and requested EUR 25,000.\r\n\r\nOn the other hand, the Panel did not consider allegations of the Complainant that the Respondent is somehow connected to the company Norman Group (a competitor of the Complainant) as these allegations were not supported by any evidence.\r\n\r\nThe Complainant seeks transfer of the Disputed domain name to the Complainant. \r\n", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the Disputed domain name.", "no_response_filed": "THE COMPLAINANT:\r\n\r\nIn addition to the above factual assertions, the Complainant also contends the following:\r\n\r\n(i) Disputed domain name is confusingly similar to Complainant’s Trademarks;\r\n\r\n(ii) The Respondent is not affiliated with nor authorized by the Complainant and is not related in any way to its business nor it obtained any license to use the Complainant’s Trademarks;\r\n\r\n(iii) There is no evidence that the Respondent has been commonly known by the Disputed domain name or has acquired any rights in a trademark or trade name corresponding to the Disputed domain name;\r\n\r\n(iv) The Disputed domain name is inactive and the website associated with it contains “Lavori in corso” (under construction in Italian) and “Coming soon” messages. There is no proof of any demonstrable preparations to use the Disputed domain name in connection with a bona fide offering of goods or services.\r\n\r\n(v) The Disputed domain name is also confusingly similar (almost identical) to the primary domain name of the Complainant , since the Respondent only eliminated the letter “s”, using the singular form of the term “sport”; and\r\n\r\n(vi) The Respondent is connected to the company Norman Group, sited in Castel Goffredo, very close (approximately 15 km) to Asola, where the Complainant has its production site and registered office. Norman Group is involved in the manufacturing of hosiery and, therefore, is a competitor of the Complainant. Hence, it is the Complainant's well-founded suspicion that the Disputed domain name (together with uynsport.it and unleashyournature.it) was (were) registered by the Respondent on behalf of Norman Group, in order to disrupt the business of the Complainant and\/or to sell the Disputed domain name (and other domain names) to the Complainant for valuable consideration.\r\n\r\nTHE RESPONDENT:\r\n\r\nThe Respondent filed its Response to the Complaint in which it stated that it bought the domain names different from the brands of the Complainant for Respondent`s new personal project, however, now the Respondent is willing to negotiate on possible renouncement of the domains. ", "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).\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".", "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).\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".", "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": [ "Michal Matějka" ], "date_of_panel_decision": "2018-09-04 00:00:00", "informal_english_translation": "The Complainant is the registered owner of the following trademarks:\r\n\r\n(a) European Union figurative trademark UYN, no. 016950883, filed on 5 July 2017, registered on 6 November 2017 in classes 25 and 35;\r\n\r\n(b) European Union figurative trademark UYN Unleash Your Nature, no. 016950917, filed on 5 July 2017, registered on November 6, 2017 in classes 25 and 35;\r\n\r\n(c) International figurative trademark UYN, no. 1384243, registered on 19 October 2017 in classes 25 and 35; and\r\n\r\n(d) International figurative trademark UYN Unleash Your Nature, no. 1382912, registered on 19 October 2017 in classes 25 and 35.\r\n\r\n(“Complainant’s Trademarks”).\r\n\r\nThe Disputed domain name was registered on 18 September 2017.\r\n", "decision_domains": { "UYNSPORT.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }