{ "case_number": "CAC-UDRP-104352", "time_of_filling": "2022-02-17 09:13:27", "domain_names": [ "MULTICARDENI.COM", "ENIMULTICARD.COM" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Eni S.p.A." ], "complainant_representative": "De Simone & Partners Srl", "respondent": [ "Lin Yanxiao" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nSuper Privacy Service Ltdc\/0 DYNADOT registered the disputed domain names on January 24, 2022, and on January 31, 2022.\r\n\r\nIn 1953, Eni (Ente Nazionale Idrocarburi) was established; Enrico Mattei was the first Chairman.\r\n\r\nIn 1999, Eni-Gazprom agreement for the Blue Stream Project: a gas pipeline that will link the Russian coast to Turkey and involves laying gas line beneath the Black Sea at water depths of up to 2,100 meters.\r\n\r\nIn 2005, August, and September: Eni acquired the exploration license for 104 blocks onshore and offshore Northern Alaska for a total acreage of 1,718 square kilometres. The exploration license for two blocks located onshore and offshore India for a whole lot of 14,445 square kilometres.\r\n\r\nIn 2006, November 14: Eni and Gazprom signed in Moscow an agreement that sets up an international alliance enabling the two companies to launch joint projects in the mid and downstream gas, in the upstream and technological cooperation.\r\n\r\nIn 2010, Service Stations Eni had around 4,356 service stations in Italy, of which about 142 are on the motorway network. \r\n\r\nQuality, efficiency, modernization of service stations: these are the characteristics that have enabled us over the years to achieve excellent results and, in qualitative terms, positioning ENI's service stations among the best in Europe.\r\n\r\nIn the more recent years, Eni has become a full energy company very active in green energy.\r\n\r\nFurthermore, Eni and ENI formative marks are trademarks extensively registered worldwide in more than 100 countries with more than 1000 trademarks.\r\n\r\nThe Respondent is an apparent proxy company, and the websites connected to the disputed domain names show simple web parking pages.\r\n\r\nOn February 10, 2022, the Complainant sent a letter to request the immediate assignment free of cost of the disputed domain names. Still, no reply was ever received from the Respondent or the Proxy's e-mail address. ", "other_legal_proceedings": "The Panel is unaware of any other pending or decided legal proceedings relating to the disputed domain names.", "no_response_filed": "1. The disputed domain names are confusingly similar to the protected mark.\r\n\r\nThe disputed domain names are confusingly similar to the “ENI” trademarks in which the Complainant has earlier rights. Both disputed domain names completely reproduced the Complainant's famous trademarks ENI with a descriptive addition of MULTICARD, which is a generic commonly used term to mean a card for multiple services. A few years ago, the Complainant launched a project called MULTICARD that has proved to be a great success. This project is still active and can be found at the following address: https:\/\/multicard.eni.com\/. \r\n\r\nFurthermore, the addition of the term “MULTICARD” increases the bad faith of the Respondent that not only comprised in its domain names the famous Complainant’s trademark, “ENI”, but also included in the disputed domain name the term “MULTICARD” previously adopted by the Complainant for its MULTICARD services. \r\n\r\nFurthermore, consider that the Complainant owns many domain names comprising “ENI”.\r\n\r\nFinally, the risk of confusion in the case at issue is also increased because the Complainant's trademarks are well and widely known in the energy and technological sector.\r\n\r\n\r\n2. The Respondent does not have any rights or legitimate interest in the disputed domain names.\r\n\r\nThe Respondent’s use of the disputed domain names is in no way a bona fide offering of goods and services; it is a blatant web parking that leads the surfers attracted from ENI Multicard to other pages of different sectors. The Respondent has no registered trademark rights in the term \"ENI\", and there is no evidence that the Respondent is commonly known by the disputed domain name. As herein already mentioned, The Respondent has set up websites that take advantage of the reputation and long-standing history of the two trademarks of ENI to convey ENI potential customers to other sites.\r\n\r\nThe Respondent has not been licensed or otherwise authorized to use any of the Complainant's trademarks or apply for or use any domain name incorporating such trademarks. Accordingly, in similar circumstances, Panels considered that no bona fide or legitimate use of the disputed domain name could be claimed by the Respondent.\r\n\r\n\r\n3. The disputed domain names have been registered and used in bad faith.\r\n\r\nIn the case at issue, the Respondent's has created a classical web parking site that takes advantage of the trademark “ENI\" reputation. Web parking is also an indication of bad faith considering the above circumstances. Some panels have also found that the concept of passive holding may apply even in the event of sporadic use or of the mere \"parking\" by a third party of a domain name (irrespective of whether the latter should also result in the generation of incidental revenue from advertising referrals).\r\n\r\nBad faith is also blatant if you consider that the Complainant is the owner of the following domain name, copied by the Respondent: .\r\n\r\nAs to bad faith registration, when registering the disputed domain names, the Respondent was necessarily aware of the Complainant's well-known business and widespread reputation in the Complainant’s trademarks. Therefore, such maneuver would not have been generated if the Respondent did not know the Complainant's activities.\r\n\r\nThe Respondent has intentionally sought to use Complainant's marks in the disputed domain names to attract Internet users to websites and other online locations for commercial gain by confusing consumers regarding sponsorship of the website. Accordingly, this constitutes bad faith within the meaning of paragraph 4(b)(iv) of the Policy. Moreover, even after the letter was sent to the Respondent, the web parking associated with the disputed domain names has not been cancelled or modified in any way.\r\n\r\nThe disputed domain names are so obviously connected with the Complainant's trademarks and its services that their very use by someone with no connection suggests \"opportunistic bad faith\".\r\n\r\nHowever, the Complainant believes it had proved beyond any reasonable doubt that the Register and Respondent have been using the disputed domain name in bad faith and disloyal attitude to attract users to the website in the wrong assumption that these are domain names associated with the Complainant.\r\n\r\n\r\nRESPONDENT\r\n\r\nNo administratively compliant Response was filed.", "rights": "The Complainant has shown that the disputed domain names are identical or confusingly similar to the trademark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).", "no_rights_or_legitimate_interests": "To the satisfaction of the Panel, the Complainant has shown the Respondent to have no rights or legitimate interests in respect of the disputed domain names (within the meaning of paragraph 4(a)(ii) of the Policy).", "bad_faith": "To the satisfaction of the Panel, the Complainant has shown the disputed 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 the Policy were met, and there is no other reason why it would be inappropriate to provide a decision.", "decision": "Accepted", "panelists": [ "Rodolfo Carlos Rivas Rea" ], "date_of_panel_decision": "2022-03-15 00:00:00", "informal_english_translation": "European Union trademark No 009427972 from 2013 for “ENI”.\r\n\r\nUS trademark No. 4,730,039 from 2015 for “ENI”.", "decision_domains": { "MULTICARDENI.COM": "TRANSFERRED", "ENIMULTICARD.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }