{
    "case_number": "CAC-UDRP-104538",
    "time_of_filling": "2022-05-18 09:22:54",
    "domain_names": [
        "MOONEYVR46.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Mooney S.p.A.",
        "Valentino Rossi"
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Pedro Queiroga"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainants’ contentions can be summarised as follows:\r\n\r\nA. Background history\r\n\r\nThe First Complainant, Mooney S.p.A., is a company founded in December 2019 as a result of the collaboration between SisalPay and Banca 5 (Gruppo Intesa Sanpaolo). The First Complainant develops and manages prepaid cards, banking, top-ups, applications, and other payment solutions. It has become the first proximity banking & payments company in Italy.\r\n\r\nThe First Complainant is title sponsor of the VR46 Racing Team of Mr Valentino Rossi (the Second Respondent), who is engaged in the MotoGP and Moto2 World Championship. \r\n\r\nThe Complainants have been in collaboration with each other by way of joint initiatives in commercial, marketing and communications areas, with the First Complainant’s participation in the offering of fintech and payment services. The collaboration has come to fruition with the development and launch of the Mooney VR46 Racing Team prepaid card, which has added value to the existing VR46’s loyalty card program.   \r\n\r\nIn addition to the trade marks mentioned under the above section “Identification of rights”, and other trade marks in its portfolio, the Complainants inform that the First Complainant is also the owner of numerous domain names which contain the term “MOONEY”, namely: <mooney.jp>; <mooney.ar>; <mooney.lu>; <mooney.co.th>; <mooneygo.nl>; <mooneygo.de>; <mooneygo.fi>; and <mooneygo.pl>.\r\n\r\nThe Complainants seek the transfer of the disputed domain name <mooneyvr46.com> to the First Complainant on the grounds set out in section B below. \r\n\r\n\r\nB. Legal grounds\r\n\r\nI. The disputed domain name is identical or confusingly similar to a trade mark in which the Complainants have rights\r\n\r\nThe Complainants submit that the disputed domain name <mooneyvr46.com> is identical, or at least confusingly similar, to the Complainants’ trade marks, to the extent that the disputed domain name reproduces the trade marks MOONEY and VR46 in their entirety. \r\n\r\nII. The Respondent has no rights or legitimate interests in respect of the disputed domain name\r\n\r\nThe Complainants state that the Respondent has no rights in the disputed domain name, and that any use of the trade marks MOONEY and VR46 has to be authorised by the Complainants.\r\n\r\nThe Complainants further state that the Respondent has never been given any right or license to use the disputed domain name.  \r\n\r\nIn addition, the disputed domain name does not correspond to the name of the Respondent, and the Respondent is not known by the disputed domain name; the Respondent is not making a bona fide offering of goods or services by means of the disputed domain name, nor is the Respondent using it for legitimate non-commercial or fair use. \r\n\r\nThe Complainants argue, instead, that the disputed domain name redirects Internet users to a parking page on which the disputed domain name is being offered for sale. \r\n\r\nIn view of the above, the Complainants conclude that the Respondent has no rights or legitimate interests in the dispute domain name. \r\n\r\n\r\nIII. The Respondent registered and is using the disputed domain name in bad faith\r\n\r\nRegistration\r\n\r\nThe Complainants assert that the trade marks MOONEY and VR46 are well-known and distinctive, such that it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainants’ trade marks.\r\n\r\nUse \r\n\r\nThe Complainants assert that the Respondent uses the disputed domain name in bad faith, in so far as the Respondent offers the disputed domain name for sale in excess of the initial registration costs, which is evidence of bad faith under the UDRP Policy (paragraph 4(b)(i) of the UDRP Policy). \r\n\r\nThe Complainants therefore conclude that the Respondent has registered and is using the disputed domain name in bad faith. ",
    "other_legal_proceedings": "The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <mooneyvr46.com> (“the disputed domain name”).",
    "no_response_filed": "No administratively compliant Response has been filed.\r\n",
    "rights": "The Complainants have, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to trade marks in which the Complainants have rights (within the meaning of paragraph 4(a)(i) of the UDRP Policy).  \r\n",
    "no_rights_or_legitimate_interests": "The Complainants have, 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 UDRP Policy).  ",
    "bad_faith": "The Complainants have, 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 UDRP 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": [
        "Dr Gustavo Moser"
    ],
    "date_of_panel_decision": "2022-06-12 00:00:00",
    "informal_english_translation": "The Complainants rely upon the following registered trade marks, amongst others:\r\n\r\nA. First Complainant \r\n\r\n• International trade mark registration no. 1547324, registered on 18 June 2020, for the word mark MOONEY, in classes 9, 36, 37, 38 and 42 of the Nice Classification;\r\n\r\n• EU trade mark registration no. 018248141, registered on 16 September 2020, for the word mark MOONEY, in classes 9, 36, 37 and 38 of the Nice Classification;\r\n\r\n• Italian trade mark registration no. 302020000038617, registered on 7 October 2020, for the work mark MOONEY, in classes 9, 36, 37, 38 and 42 of the Nice Classification.\r\n\r\n(hereinafter, collectively or individually, “the First Complainant’s trade mark”; “the First Complainant’s trade mark MOONEY”; or “the trade mark MOONEY” interchangeably).\r\n\r\n\r\nB. Second Complainant\r\n\r\n• International trade mark registration no. 1224878, registered on 24 June 2014, for the figurative mark VR46, in classes 9, 18 and 25 of the Nice Classification;\r\n\r\n• International trade mark registration n. 1252300, registered on 11 May 2015, for the figurative mark VR46, in class 32 of the Nice Classification; \r\n\r\n• EU trade mark registration n. 009974999, registered on 27 November 2012, for the figurative mark VR46, in classes 3, 4, 5, 8, 9, 11, 12, 14, 16, 18, 20, 21, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 38, 39, 41, 42, 43 and 44 of the Nice Classification;\r\n\r\n• EU trade mark registration n. 004583084, registered on 2 August 2006, for the word figurative VR46, in classes 18, 35 and 38 of the Nice Classification;\r\n\r\n• EU trade mark registration n. 018211223, registered on 4 July 2020, for the word mark VR46 SPORT, in classes 9, 18 and 25 of the Nice Classification; and\r\n\r\n• EU trade mark registration n. 018226297, registered on 5 August 2020, for the figurative mark VR46 SPORT, in classes 9, 18 and 25 of the Nice Classification.\r\n\r\n(hereinafter, collectively or individually, “the Second Complainant’s trade mark”; “the Second Complainant’s trade mark VR46”; or “the trade mark VR46” interchangeably).",
    "decision_domains": {
        "MOONEYVR46.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}