{
    "case_number": "CAC-UDRP-101318",
    "time_of_filling": "2016-10-24 15:00:11",
    "domain_names": [
        "METZELERTIRE.COM"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "Pirelli Tyre S.p.A."
    ],
    "complainant_representative": "Avvocato Pierfrancesco Carmine Fasano (FASANO-Avvocati)",
    "respondent": [
        "Domain Hostmaster, Customer ID : 19322954182600, Whois Privacy Services Pty Ltd"
    ],
    "respondent_representative": null,
    "factual_background": "Complainant asserts the following facts, all of which are not contested by the Respondent:\r\n\r\n\"Metzeler is a well-known motorcycle tire company founded in 1863 in Munich, Germany by Robert Friedrich Metzeler\" and \"has been part of Pirelli Group since 1986\". Further, \"Metzeler has more than 115 years of experience in motorcycle tire development and supply to the world's leading manufacturers,\" \"is a well-known brand world-wide\" and \"operates in numerous countries all over the world... through its distributor network such as in Austria, Brasil, Canada, Germany, France, Italy, Japan, Spain, Switzerland, UK and in the United States\".\r\n\r\nComplainant contends, in relevant part, as follows:\r\n\r\n\"The domain name 'metzelertire.com' was registered on October 11, 2005, i.e. well after Complainant’s trademarks\" and \"currently resolves to a website, which contains a disclaimer that 'this domain may be for sale. click here for more info'\" but \"[p]reviously the domain name resolved to a website containing the same disclaimer and third parties’ (some of them are competitors of the Complainant) links to further websites related to tires, business in which the Complainant is involved\".\r\n\r\n\"The disputed domain name is confusingly similar to the Complainant’s trademarks, because it wholly incorporates the dominant part of such marks, namely the wording 'METZELER'\" and \"[s]light differences as the addition of a generic term 'tire' (related to the business in which the Complainant is involved) neither affects the attractive power of the dominant part of Complainant’s trademarks, e.g. 'METZELER', nor is sufficient to negate the confusingly similarity between the disputed domain name and Complainant’s trademarks\".\r\n\r\nRespondent lacks rights or legitimate interests in respect of the disputed domain name because, inter alia, neither the respondent initially named (Domain Hostmaster, Customer ID: 19322954182600, Whois Privacy Services Pty Ltd) nor the identified \"underlying registrant\" (D Pontiac) \"has ever received any approval, expressed or implied, to use the Complainant’s trademarks in or as part of any domain name and that the Complainant has no association, affiliation and\/or dealings of any nature whatsoever with the Respondents and neither endorses nor promotes their services\"; \"there is no indication that the Respondents ha[ve] any legitimate interest in the trademarks 'METZELER' according the searches done on the web sites of the Italian Patent and Trademark Office (UIBM), the EU’s Office of Harmonization for the Internal Market (OHIM), WIPO [and] the United States Patent and Trademark Office (USPTO)\"; \"there is no evidence that the Respondents’ use of 'metzelertire.com' is either a bona fide offering of goods or services or a legitimate noncommercial or fair use, without intent for commercial gain\"; and there is no evidence that the Respondents... have been commonly known by the domain name 'metzeler.com'.\"\r\n\r\nThe disputed domain name has been registered and is being used in bad faith because, inter alia, \"[t]aking into account the vast and widespread advertising campaigns carried out by the Complainant for the promotion of products covered by its marks, it is unlikely that the registration of the domain name in question may be attributed to a mere chance and not, as is, with a full awareness and intent to exploit the reputation and good will of the Complainant’s trademarks\"; \"Respondents must have been aware of the Complainant’s trademarks and intentionally attempted to use them for commercial gain\"; and \r\n\r\n\"[b]y registering a well-known mark or by failing to check whether the registration would have infringed on the right of a third party, the Respondents\" acted in bad faith.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the disputed domain name.",
    "no_response_filed": "No administratively compliant Response has been filed.",
    "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": "The Complaint as originally filed identified the Respondent as Domain Hostmaster, Customer ID : 19322954182600, Whois Privacy Services Pty Ltd.  However, the registrar verification identified the domain name holder as D Pontiac.  Accordingly, and following a deficiency notice, the Complainant filed an amended Complaint identifying both entities as Respondents.\r\n\r\nThe 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": [
        "Douglas M. Isenberg"
    ],
    "date_of_panel_decision": "2016-12-08 00:00:00",
    "informal_english_translation": "Complainant states that it \"is owner of numerous registrations and\/or applications for trademarks world-wide, comprising the keyword 'METZELER',\" including, among many others cited and supported in the Complaint, U.S. Reg. No. 1,200,980 for METZELER for use in connection with \"motorcycle tires; motorcycle accessories, namely saddlebags; motorcycle wheel rims and rim-bands; valves for motorcycle tires; tubes for motorcycle tires\" (registered May 23, 2000); and WIPO Reg. No. 431,981 for METZELER for use in connection with \"Wheel rims; tires for aircraft; tires and inner tubes for bicycles; inner tubes and pneumatic tires for motor cars, motorcycles and bicycles; vehicle wheels entirely of rubber; anti-skid casings for pneumatic tires; inner tube protectors (rubber strips for wheel rims); textile thread or steel wire layers for pneumatic tires; valves for pneumatic tires, rubber materials for repairing pneumatic tires\" (registered October 3, 1978).",
    "decision_domains": {
        "METZELERTIRE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}