{
    "case_number": "CAC-UDRP-101051",
    "time_of_filling": "2015-09-08 11:20:11",
    "domain_names": [
        "aleniaaeronautica.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "FINMECCANICA S.p.A. "
    ],
    "complainant_representative": "desimone & partners",
    "respondent": [
        "GIOSAFATTE MARUCCI"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nI.\tPROCEEDINGS\r\n\r\nThe registration agreement, pursuant to which the domain name that is the subject of this Complaint is registered, incorporates the UDRP. The contested domain name was registered on 22 May 2015. A copy of the WHOIS report and of the domain name dispute policy of the sponsoring registrar ”Crazy Domains” that applies to the domain name in question were provided by the Complainant.\r\n\r\nII.\tFACTUAL BACKGROUND AND EVIDENCE \r\n\r\nFinmeccanica S.p.A. (the “Complainant”) is Italy’s leading industrial group in the high technology sector and ranks among the top ten global players in aerospace, defense and security. Finmeccanica is Europe’s leading defense systems company and is well positioned at international level and has a strong presence in the space sector, where it is a pioneer in the satellite services market. Furthermore, the Finmeccanica group has substantial expertise and a well-established position on the global transport and power generation markets. It is a multinational and multicultural group with a clear and recognized reputation for technological excellence which is essential for commanding an international leadership position in the high tech sectors in which it operates. The Finmeccanica group has its headquarters in Italy and has permanent establishments with significant production assets in three domestic markets (Italy, UK and USA) where approximately 85% of the staff of the Finmeccanica group works. The Finmeccanica group has also built up a significant presence in France, Germany and Poland. Finally, it has established a significant network of partnerships in high-potential countries worldwide. In total, it counts more than 70,000 employees, of whom, 43% work abroad in some 50 countries on five continents. The group's international presence has grown constantly in recent years and at present Finmeccanica’ s industrial facilities are spread worldwide with about 350 companies, joint ventures, partnerships and joint industrial projects throughout the world. The technological excellence of its products has made it not only a global competitor, but also a strong partner in several significant international projects. SuperJet 100, Eurofighter, B787 Dreamliner, ATR, Joint Strike Fighter, Galileo and the International Space Station are just a few examples of the partnerships that Finmeccanica has established with major global players in aerospace and defense.\r\n\r\n“Alenia” is also part of the company name of AleniaAermacchi, which is a Finmeccanica company. AleniaAermacchi is the Italian leader in aeronautics and among the world’s top players in the design, development, manufacture and support of commercial and military, trainers and unmanned aircraft systems. Through its robust experience in advanced materials, AleniaAermacchi plays primary roles in the leading international civil programmes, for which it manufactures complex aerostructures. The present AleniaAermacchi was formed on 1 January 2012 by the merger between AleniaAeronautica and Aermacchi. The merger created a single industrial entity under the Finmeccanica group, bringing together the heritage of knowledge, technologies and experience gathered in a century of activity by companies that have dominated the Italian aviation industry’s history, including Aeritalia, Fiat Aviazione, Macchi, Romeo and SIAI Marchetti. The collective industrial heritage of these companies is summarized by the almost 30,000 airplanes built from 1913 to the present. A print out of Alenia’s profile from the company’s website was provided by the Complainant as an annex to the Complaint..\r\n\r\nIII.\tTHE REGISTRANT \r\nThe registrant, the respondent in the current reassignment proceedings, Mr. Giosafatte Marucci (hereafter the “Respondent”) is a physical person.  The Complainant referred to his name, remarking that it could be Italian and surmising that  his elected email address is Roberto Medina, which the Complainant equally surmises is an Italian name, saying that this is of importance given that in this case the reputation of ALENIA is best  known to Italians. Evidence provided shows the contested domain name, http:\/\/www.aleniaaeronautica.com, points to a default page generated by One.com, which appears to be a web host service provider.\r\n \r\nThe Complainant claims that the disputed domain name seems to have no other purpose than attracting users to the cited provider, taking advantage on the renown of ALENIA trademark(s).\r\n\r\nOn 29 July 2015, the Complainant sent via email a warning letter to the Respondent to which he did not reply. The Registrar, ASCIO Technologies  Inc. did not reply either to a copy of that letter. ",
    "other_legal_proceedings": "No other proceedings have been notified to the Panel. \r\n",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT: Pertinent points of the Complaint's argumentation are addressed in the Principal Reasons for the Decision, below.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the 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 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 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": "1. The Panel is satisfied that all procedural requirements under the UDRP were met upon submission by the Complainant of its Amended Complaint and that there is no other reason why it would be inappropriate to provide a decision.\r\n\r\n2. The Panel remarks that it is incumbent on a party, when it raises an argument in support of its case, to substantiate it by a sufficiently specific reference to the items of evidence it submits to the Panel. Such reference may be for example by page number in an annex or Non-Standard Communication. It cannot rely on the Panel itself to search for the item(s) in question, meaning that account may not be taken by the Panel of the particular item(s) the party advancing the argument has in mind. This does not imply that a party’s case is necessarily jeopardized but it might weaken it. In the present case, failure by the Complainant to guide the Panel to proof of trademark protection in respect of the word “aeronautica” in conjunction with “Alenia” did not jeopardize the Complainant’s case because other inferences could be drawn independently, as explained below.",
    "decision": "Accepted",
    "panelists": [
        "Kevin J. Madders"
    ],
    "date_of_panel_decision": "2015-10-23 00:00:00",
    "informal_english_translation": "The Complainant provided evidence that numerous trademarks (which predate the registration of the disputed domain name) under several Nice Classification categories are registered in favour of the Complainant in a wide range of jurisdictions (i.e. CTM No. 124329  ”Alenia” registered on 6 October 2014 etc.). These marks include the name Alenia or Alenia Aermacchi (earlier Alenia Aeronautica) in Classes 09, 12, 23, 37, 41 and 42. The Complainant has furthermore offered proof of longstanding reputation associated with its main brand. \r\n\r\nThe rights identified relate primarily to the Complainant’s Alenia brand that has been established globally in the aerospace and defence sectors, notably including aeronautical design, manufacture and maintenance.  ",
    "decision_domains": {
        "ALENIAAERONAUTICA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}