{
    "case_number": "CAC-UDRP-104426",
    "time_of_filling": "2022-04-04 09:12:45",
    "domain_names": [
        "chianticlassico.website"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Consorzio Vino Chianti Classico"
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "Fabio Baccilli"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nI. The Complainant\r\nThe Complainant is an Italian association established in 1987 which regulates and protects the wine produced in the Chianti Classico region. \r\nThe Complainant uses the “CHIANTI CLASSICO” denomination on internet including and not limited to the association’s official website https:\/\/www.chianticlassico.com and to the official accounts on the major social networks such as Facebook, Instagram, YouTube and Twitter.\r\n\r\nII. The disputed domain name and the Respondent\r\nAccording to the Whois, <chianticlassico.website> was registered on April 10, 2021 and is not used in connection with an active website.\r\nThe owner of the disputed domain name is Mr. Fabio Baccilli, based in province of Lucca in the Tuscany region.\r\nOn February 15, 2022, the Complainant sent a cease and desist letter to the Respondent notifying the potential infringement of its trademarks. The Respondent did not reply to the letter.",
    "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\nAs regards the First element of the Policy, the Complainant contends that the disputed domain name is confusingly similar to the Trademark. The Complainant supports that the addition of the \"gTLD\" has no impact in the confusing similarity assessment.\r\nAs regards the Second element of the Policy, the Complainant contends that the Respondent is not a licensee, authorized agent of the Complainant or in any other way authorized to use Complainant’s trademarks. According to the Complainant's information, 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 CHIANTI CLASSICO or to the disputed domain name.\r\nFinally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. It contends that the Respondent must have been aware of the Complainant and its well-known Trademark at the time of registration of the disputed domain name and that the Respondent's passive holding of the disputed domain name is evidence of bad faith.\r\n\r\nRESPONDENT:\r\nThe Respondent did not reply to the Complaint.  ",
    "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": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2022-05-04 00:00:00",
    "informal_english_translation": "The Complainant proved to own the following trademarks: \r\n- Italian Trademark no. 302013902136159 – “CHIANTI” – Nice Classification: 3, 8, 9, 14, 18, 20, 21, 24, 25, 28, 30, 32, 41, 43;\r\n- Italian Trademark no. 0001614370 – “CHIANTI CLASSICO” – Nice Classification: 3, 8, 9, 14, 18, 20, 21, 24, 25, 28, 30, 32, 41, 43;\r\n- International Trademark no. 877636 – “CHIANTI CLASSICO” – Nice Classification: 33;\r\n- International Trademark no. 1183136 – “CHIANTI CLASSICO DAL 1716” – Nice Classification: 33;\r\n- European Union Trademark no. 0902976 – “CHIANTI CLASSICO DAL 1716” – Nice Classification: 33;\r\n- European Union Trademark no. 002258903 – “CONSORZIO DEL MARCHIO STORICO CHIANTI CLASSICO” – Nice Classification: 3, 8, 14, 16, 18, 20, 21, 24, 25, 28.\r\n\r\nAccording to the information provided, the Complainant's trademarks are all \"collective trademarks\".  ",
    "decision_domains": {
        "CHIANTICLASSICO.WEBSITE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}