{
    "case_number": "CAC-UDRP-100215",
    "time_of_filling": "2010-12-20 11:42:02",
    "domain_names": [
        "Preliosagency.com"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "PIRELLI & C. S.p.A."
    ],
    "complainant_representative": "PORTA, CHECCACCI & ASSOCIATI S.p.A.",
    "respondent": [
        "L.S.A. SERVIZI SRL"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant PIRELLI & C. S.p.A. is a multinational company based in Italy and is among the largest tyre manufacturers in the world.\r\n\r\nThe Complainant’s associated company PIRELLI & C. Real Estate (in short, PIRELLI RE) is one of the top managers in the real estate sector in Europe and modified its name into PRELIOS S.p.A. following a company Extraordinary General Meeting on July 15, 2010.\r\n\r\nThe name change of the company PIRELLI RE was publicly announced some months before, on May 28, 2010. Attached to the Complaint are, amongst others, a press release from PIRELLI RE press office dated May 28, 2010, announcing that the new name of the company would be PRELIOS S.p.A., and a printout of the web site www.it.pirelli.com, where a similar announcement was published on the same date. The news was anticipated by a short article published on the site www.ilgiornale.it the day before, on May 27, 2010.\r\n\r\nThe Complainant is the owner of the following trademark registrations for PRELIOS:\r\n\r\n-\tItalian Trademark Registration No. 1332456 for PRELIOS (word mark), filed on May 4, 2010 and registered on September 14, 2010, in classes 35, 36, 37, 42, 43, 44 and 45;\r\n-\tCommunity Trademark Registration No. 9075979 for PRELIOS (word mark) filed on May 4, 2010 and registered on January 11, 2011, in classes 35, 36, 37, 42, 43, 44 and 45;\r\n-\tCommunity Trademark Registration No. 9370677 for PRELIOS (figurative mark) filed on September 13, 2010 and registered on January 28, 2011, in classes 35, 36, 37, 42 and 43;\r\n-\tInternational Trademark registration No. 1042648 for PRELIOS (word mark), registered on May 5, 2010,  in classes 35, 26, 37 and 42;\r\n-\tCanadian Trademark Application No.1483891 (word mark), filed on June 4, 2010.\r\n\r\nThe Complainant is also the holder of the following domain names:\r\n\r\n<prelios.eu>, <prelios.net> and <prelios.biz>, registered on May 4, 2010; <prelios.it>, registered on May 5, 2010; and <prelios.com>, registered on July 28, 2010.\r\n\r\nThe disputed domain name <preliosagency.com> was registered on May 28, 2010.\r\n",
    "other_legal_proceedings": "The Panel is not aware of the existence of other proceedings concerning the disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant contends that the disputed domain name <preliosagency.com> is confusingly similar to the name of its associated company PRELIOS S.p.A. and to the trademarks and domain names in which the Complainant has rights, as the “hearth” of the disputed domain name is constituted by the mark PRELIOS.\r\n\r\nThe Complainant states that the Respondent has no right or legitimate interest in the disputed domain name as the Respondent is not commonly known by the disputed domain name and the registration was made with the sole purpose of causing confusion among Internet users as to the source of the corresponding web site.\r\n\r\nAs to the circumstances evidencing bad faith, the Complainant points out that the disputed domain name was registered by the Respondent the same day the Complainant announced, through a strong media and advertising campaigns, the change of name of the company PIRELLI & C. Real Estate S.p.A. into PRELIOS S.p.A.  The Complainant states that the Respondent’s purpose is to exploit the Complainant’s reputation and divert users to its site.\r\n\r\nAs additional circumstances highlighting bad faith, the Complainant states that the Respondent is also the owner of the domain name <preliosagency.it> and that the Respondent registered the disputed domain name with the primary purpose to sell it to the Complainant for an amount in excess of the out-of-pocket costs directly related to the domain name. The Complainant, in fact, informs the Panel that the Respondent refused its offer of a reimbursement of Euro 500 for the two domain names, stating that such offer was highly unsatisfactory and far from its standards. In such correspondence (attached to the Complaint and not contested by the Respondent), the Respondent also stated that its higher expectations were due to the value of domain names which correspond to the designation of an asset of a company quoted on the Italian Stock Exchange and that such expectations were not reflected in the Complainant’s offer.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent rebuts the Complainant’s contentions stating that the announcement of the name change of the company PIRELLI & C. REAL ESTATE S.p.A. into PRELIOS S.p.A. was provided only via Internet and after the date of registration of the disputed domain name by the Respondent. \r\n\r\nThe Respondent also states that it is entitled to use the disputed domain name as it is engaged in different activities from the Complainant in the field of plant production, transport, distribution and use of energy, heating and air conditioning, execution and maintenance of power plants, heating and photovoltaic systems and alternative energy. The Respondent contends that “etymologically, therefore, prelios has undoubted relevance to the nature of the systems made by LSA Services Ltd an agency and the addition of the suffix features and adapts to the needs of the organization”.\r\n\r\nThe Respondent states that it is making a legitimate commercial use of the disputed domain name without intent to divert the Complainant’s customers, due to the difference between the products and services of the Complainant and the Respondent’s ones.\r\n\r\nWith reference to the correspondence between the Respondent and the Complainant and the mentioned request of a sum over the reimbursement of Euro 500 offered by the Complainant, the Respondent states that such request was legitimate and understandable, also in light of the current economic crisis, and points out that the Complainant’s offer was speculative. \r\n\r\nThe Respondent also informs the Panel that an arbitration proceeding was started by the Complainant in relation to the domain name <preliosagency.it> but it was declared extinct since the Respondent began a proceeding before an Italian Court in relation to such domain name.\r\n",
    "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": [
        "Luca Barbero"
    ],
    "date_of_panel_decision": "2011-03-23 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the trademark PRELIOS, with registrations in Italy and in several other countries.",
    "decision_domains": {
        "PRELIOSAGENCY.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}