{ "case_number": "CAC-UDRP-102549", "time_of_filling": "2019-06-25 10:54:30", "domain_names": [ "milanocortina2026.com", "milano-cortina2026.com " ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "CONI Comitato Olimpico Nazionale Italiano " ], "complainant_representative": "De Simone & Partners S.p.A.", "respondent": [ "Andreas Withaker" ], "respondent_representative": null, "factual_background": "FACTUAL BACKGROUNDS\r\n\r\nThe Complainant, the Italian National Olympic Committee (the “CONI”), is the official representative of the International Olympic Committee (the “IOC”) for the Italian territory, supervising and managing all sports matters Italy. One of the current tasks of the CONI is to promote and manage the joint candidature of the cities of Milano and Cortina d'Ampezzo that will host the Winter Olympics Games in 2026. \r\n\r\nThe Respondent is an individual named Andreas Withaker, resident of Fujairah in the United Arab Emirates. No other information is known about the Respondent.\r\n\r\nThe disputed domain names and (the “Domain Names”), were registered on August 1, 2018 under a privacy statement, and currently results in parking pages, so any services are associated to them.\r\n\r\nOne of the obligations imposed to the CONI by the IOC is to provide protection of all distinctive signs consisting of the candidate cities + year of the Olympic Games 2026, under the scheme CITY + YEAR, which is the traditional format of the distinctive signs related to all Olympic Games that have been organized before. Such protection is expected to be assured by the trademark registrations and domain names registrations.\r\n\r\nIn view of the above-mentioned, on December 18, 2018, the Complainant sent a cease and desist letter to Register.it S.p.A., which was the only disclosed data related to the Domain Names, requesting that the owner voluntary abandon the Domain Names. The Response sent by the legal representative of the Domain Names holder indicated that their actual owner was the Italian company Mediatria S.r.l. and proposed to discuss the matter directly with the legal representative of the CONI.\r\n\r\nAccording to the Complainant, the amicable settlement with Mediatria S.r.l. was unreachable, as long as the Complainant refused the proposal to pay a remarkable sum of money for the transfer of the Domain Names and after such refusal the communication with Mediatria S.r.l. was interrupted. Furthermore, after the communication between the CONI and the presumed Domain Name holder, Mediatria S.r.l., the Domain Names were apparently transferred to the Respondent.\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain names. ", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nCOMPLAINANT'S CONTENTIONS:\r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the Domain Names and are identical to the Complainant's registered Italian word trade mark No. 302018000034117, MILANO CORTINA 2026. \r\n\r\nIn addition, the Complainant argues that the Domain Names are confusingly similar with the Italian figurative trademark No. 302018000037336, MILANO CORTINA 2026 CANDIDATE CITY OLYMPIC WINTER GAMES, as the registered trademark fully incorporates the Domain Names. \r\n\r\nThe Complainant also points out that the applicable Top-Level suffix would usually be disregarded as it is a technical requirement of registration.\r\n\r\nFinally, the Complainant contends that the post-date of the registration of the Domain Names is irrelevant for the purposes of paragraph 4(a)(i) of the Policy.\r\n\r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the Domain Names or a name corresponding to the Domain Names, nor that the Respondent is making a bona fide offering of goods and services. Moreover, the Complainant states that the Respondent has not been licensed or otherwise authorized to use any of the Complainant’s trademarks nor to apply for or use any domain name incorporating such trade marks.\r\n\r\nGiven such circumstances, the Complainant considers reasonable to infer that the registration of the Domain Names results in a typical case of abusive registration. \r\n\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states that the pattern \"CITY + YEAR\" is synonymous with the Olympic Games and is a distinctive sign instantly capable of indicating to consumers the Olympic origins of the goods and services bearing that sign. As a result, it is also largely predictable that a city may acquire potential rights in the pattern \"CITY + YEAR\" as any candidature progresses, and the year is predictable.\r\n\r\nThe Complainant points out that the Domain Names were registered on August 1, 2018, when Italy (and the cities of Milan and Cortina d’Ampezzo) made official their decision to candidate and to host the Winter Olympic Games of 2026, which was publicly know as it was communicated in the press numerous times.\r\n\r\nThe Complainant argues that the Respondent could not be therefore unaware of the Complainant and its legitimate interest in the signs consisting of any variation of “Milano – Cortina d'Ampezzo – 2026” and registered the Domain Names in order:\r\n\r\n(i) to prevent the Complaint to acquire the domain name related to the said signs with the principal top-level suffix “.COM”; and\r\n\r\n(ii) to take advantage of the possible confusion between the said Domain Names and any potential future rights of the Complainant in the sign MILANO CORTINA 2026.\r\n\r\nFinally, the Complainant underlines that, although the Domain Names are not being actively used by the Respondent, passive holding may amount to bad faith use under certain circumstances, as in this case, especially given that is the pattern \"CITY + YEAR\" is traditionally linked to the Olympic Games.\r\n\r\n\r\nRESPONDENT'S CONTENTIONS:\r\n\r\nThe Respondent did not respond to the Complaint.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Names are identical or confusingly similar to trademarks in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).\r\n", "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 Names (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 Names have been registered and are 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": [ "JUDr. Hana Císlerová, LL.M." ], "date_of_panel_decision": "2019-08-02 00:00:00", "informal_english_translation": "The Complainant is the owner of the following trademarks in Italy:\r\n\r\n- TM No. 302018000034117, MILANO CORTINA 2026, filed on October 26, 2018 and registered on May 24, 2019 in 45 classes of the Nice Classification;\r\n\r\n- TM No. 302018000037336, MILANO CORTINA 2026 CANDIDATE CITY OLYMPIC WINTER GAMES (figurative), filed on November 23, 2018 and registered on May 7, 2019 in 45 classes of the Nice Classification.\r\n\r\nThe Complainant is the owner of the following trademarks in Italy:\r\n\r\nThe Complainant is the owner of the following Italian trademark applications:\r\n\r\n- Application No. 302018000034123 for MILANO 2026 filed on October 26, 2018 in 45 classes of the Nice Classification;\r\n\r\n- Application No. 302018000034128 for CORTINA D'AMPEZZO 2026 filed on October 26, 2018 in 45 classes of the Nice Classification.\r\n\r\nIn additions, the Complainant is the owner of several domain names consisting of the names of the cities MILANO and\/or CORTINA and\/or D'AMPEZZO and\/or 2026 and the relevant Top-Level suffix. ", "decision_domains": { "MILANOCORTINA2026.COM": "TRANSFERRED", "MILANO-CORTINA2026.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }