{
    "case_number": "CAC-UDRP-103836",
    "time_of_filling": "2021-08-12 09:55:30",
    "domain_names": [
        "giacominiarmenia.com"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Giacomini S.p.A."
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "Zaven Lalayan"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, Giacomini S.p.A. is a company headquartered in San Maurizio d'Opaglio, NO (ITALY) and known as a leading company in the production of components and systems for plumbing fixture fittings with a turnover of 200 million of which more than 80% comes from foreign markets. The Complainant manufactures and offers radiator systems, valves, manifolds, boiler room components, oil filters, solar thermal systems, and thermal energy metering systems.\r\n\r\nThe Complainant was founded in 1951 by Alberto Giacomini as a small manufacture workshop producing brass taps and ten years later the first European Distribution Branch was set up in Waldbröl in Germany. In the 1970s three more branches were established in Belgium, France, Switzerland to strengthen the Complainant’ position on the European market and the company evolved from simply being a manufacturer of individual components to a supplier of integrated systems.\r\n\r\nIn the 1990s the company increased its international position with new branches in Spain, Portugal and Central Europe.\r\n\r\nA zero emission Hydrogen boiler was presented to public during the 2006 Winter Olympic Games in Turin based on a patented method for burning hydrogen and for its production in an integrated system.\r\n\r\nDuring the years, the Complainant has got an integrated quality, health and safety and environment certification in accordance the British Standards Institution (BSI) certification, UNE-EN ISO 9001, OHSAS 18001 and EN ISO 14001.\r\n\r\nNowadays, the Complainant has 3 Italian production facilities, 20 international subsidiaries, 900 employees and 70 tons of brass processed each day and, therefore, it is ranked among the world leaders for the production of heating, cooling and domestic hot water distribution components and systems, for use in residential, industrial and commercial settings.\r\n\r\nFurthermore, the Complainant has been extensively using the “GIACOMINI” denomination on all internet environments including and not limited to the company’s official website www.giacomini.com and the domain names <giacomini.it, giacomini.cn, giacomini.asia, giacomini.ca, giacomini.com.ar, giacomini.hk> (a list of Complainant’s domain names could be provided upon request) - and its official accounts on the major social networks such as Facebook, Instagram and Twitter.\r\n\r\nIn light of the Respondent’s registration in 2017 and use of the disputed domain name confusing similar to its registered GIACOMINI, the Complainant instructed its representative to address to the Respondent a cease and desist letter in order to notify him of the infringement of the Complainant’s trademark rights, requesting the immediate cease of any use, and the transfer, of the disputed domain name to the Complainant.\r\n\r\nThe cease and desist letter was therefore sent on April 01, 2021, to the disputed domain name owner’s known email address indicated in the website and in the Whois. The disputed domain name's owner did not deem appropriate to answer.",
    "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 name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe disputed domain name registered by the Respondent is confusingly similar to trademarks in which Complainant has rights. The disputed domain name incorporates the whole of the Complainant’s trademark GIACOMINI and the fact that it includes non-distinctive elements such as a geographical indicator (“Armenia”) and the generic Top-Level Domain “.com” does not affect the confusing similarity.\r\n\r\nThe Respondent is not a licensee, authorized agent of the Complainant or in any other way authorized to use Complainant’s trademarks. Specifically, the Respondent is not an authorized reseller of the Complainant and has not been authorized to register and use the disputed domain name. Upon information and belief, the Respondent is not commonly known by the disputed domain name as individual, business or other organization and its family name does not correspond to Complainant’s trademark GIACOMINI or the disputed domain name. The Respondent has not provided the Complainant with any evidence of the use of, or demonstrable preparations to use, the disputed domain name in connection with a bona fide offering of goods or services before any notice of the dispute.\r\n\r\nThe registered trademark GIACOMINI has been used extensively and exclusively by the Complainant since 1951 (when the Complainant was established by Alberto Giacomini) and through long established and widespread use in many countries of the world, the aforesaid trademark of the Complainant enjoys worldwide reputation in the sector of components and systems for plumbing fixture fittings. The use of the disputed domain name in connection with a commercial website where the Complainant’s trademark is misappropriated and prima facie replicas of GIACOMINI products are offered for sale, clearly indicates that the Respondent’s purpose in registering and using the disputed domain name was to capitalize on the reputation of the Complainant's trademark by diverting Internet users seeking GIACOMINI products to his website for financial gain, by intentionally creating a likelihood of confusion with the Complainant's trademarks as to the source, sponsorship, affiliation, or endorsement of its web sites and\/or the goods offered or promoted through said web sites, according to paragraph 4(b)(iv) of the Policy. On the website corresponding to the disputed domain name, there is no disclaimer informing the users as to the Respondent’s lack of relationship with the Complainant thus, the website creates the impression that the Respondent is an official dealer in Armenia.\r\nSuch use of the disputed domain name to promote and sell also products of the Complainant’s competitors is a further circumstance supporting the evidences that the Respondent registered the disputed domain name to intentionally attempt to attract, for commercial gain, the Internet users to the Respondent’s website or other online location, by creating a likelihood of confusion with the Complainant’s mark as to source, sponsorship, affiliation or endorsement of the Respondent’s website or location, or of a product or service on the Respondent’s website or location.\r\n\r\n\r\nRESPONDENT:\r\n\r\nIn the Response submitted on September 6, 2021, the Respondent stated the following:\r\n\r\n\"Hello,\r\n\r\nI have received the complaint. I want to explain that I'm not the person that owns the domain. I'm a web developer that creates WordPress websites and hosts them in the domain that client requests. I understand that my client may have violated some rules. I did contact him and forward the content of the complaint, now I'm waiting for a response from him.\"\r\n\r\nThe CAC invited the Respondent to submit additional statements but the Respondent failed to communicate further in course of the proceeding.",
    "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": [
        "Stephanie G. Hartung, LL.M."
    ],
    "date_of_panel_decision": "2021-09-21 00:00:00",
    "informal_english_translation": "The Complainant has evidenced to be the owner, inter alia, of the following trademark registration:\r\n \r\nInternational trademark registration (word mark) No. 701923 “GIACOMINI”, granted on July 16, 1998, and duly renewed, with protection, inter alia, for the territory of Armenia.\r\n",
    "decision_domains": {
        "GIACOMINIARMENIA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}