{
    "case_number": "CAC-UDRP-102883",
    "time_of_filling": "2020-02-05 09:54:20",
    "domain_names": [
        "KIKOMILANO.BLOG"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Kiko S.p.A. "
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Yong Sik Choi"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant states that it is an Italian company, established in 1997, which operates in the field of professional makeup and of face and body treatments.\r\n\r\nThe Complainant points out that it has a network of over 1000 single-brand stores bearing the \"KIKO\" trademark, including Italy, Germany, France, Portugal, Spain, England, Austria, Switzerland, Holland, Belgium, Poland, USA, Hong Kong, Turkey, Sweden, Russia, Brazil, India, UAE, Qatar, Lebanon and Kuwait. \r\n\r\nThe Complainant adds that it is also present online by the e-commerce website at www.kikocosmetics.com.\r\n\r\nThe Complainant considers that the trademark \"KIKO\" is well-known, as it can be assumed from the remarkable sales on the above-mentioned e-commerce website, from the number of fans on its official pages on social networks such as Facebook and Instagram, as well as from the number of followers of its official YouTube page.\r\n\r\nThe Complainant underlines that \"KIKO\" often appears in newspapers, renowned magazines, advertising, posts on social media, at national and international level.\r\n\r\nThe Complainant submits that it is also the owner, among others, of the following domain names: \"KIKOMILAN.COM\", \"KIKOMILAN.IN\", \"KIKOMILANO.CO.UK\", \"KIKOMILANO.TOP\", \"KIKOMILANO.ES\", \"KIKOMILANO.SHOP\", \"KIKOMILANO.GR\".\r\n\r\nThe Complainant argues that the disputed domain name is identical to the Complainant’s trademark “KIKO MILANO” because it exactly reproduces the trademark “KIKO MILANO”, while it is confusingly similar to the trademark “KIKO”, since it includes the trademark \"KIKO\" with the mere addition of the term “MILANO\". \r\n\r\nThe Complainant observes that where the relevant trademark is recognizable within the disputed domain name, the addition of other terms (whether descriptive, geographical, pejorative, meaningless, or otherwise) would not prevent a finding of confusing similarity under the first element.\r\n\r\nThe Complainant considers that the Respondent has no rights in the disputed domain name. \r\n\r\nThe Complainant states that:\r\n\r\n- nobody has been authorized or licensed by the Complainant to use the disputed domain name;\r\n\r\n- the disputed domain name does not correspond to the name of the Respondent, who is not commonly known as \"KIKOMILANO\"; \r\n\r\n- it does not find any fair or non-commercial use of the disputed domain name.\r\n\r\nThe Complainant considers that the disputed domain name has been both registered and used in bad faith by the Respondent.\r\n\r\nThe Complainant argues that, given that its trademarks “KIKO MILANO” and “KIKO” are distinctive and well known all around the world, the fact that the Respondent has registered a domain name that is confusingly similar to them indicates that the Respondent had knowledge of the Complainant’s trademarks at the time of registration of the disputed domain name. \r\n\r\nThe Complainant adds that if the Respondent had carried out even a basic Google search for “KIKO MILANO” and “KIKO”, the same would have yielded references to the Complainant. \r\n\r\nThe Complainant observes that the disputed domain name is not used in connection with a bona fide offering of goods or services. \r\n\r\nThe Complainant considers that there are circumstances indicating that the Respondent has registered or acquired the disputed domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant who is the owner of the trademark or service mark or to a competitor of the Complainant, for valuable consideration in excess of the Respondent’s documented out-of-pocket costs directly related to the domain name.\r\n\r\nThe Complainant notes that many UDRP decisions confirmed that the passive holding of a domain name with knowledge that the domain name infringes another party’s trademark rights is evidence of bad faith registration and use.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings 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 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": [
        "Michele Antonini"
    ],
    "date_of_panel_decision": "2020-03-09 00:00:00",
    "informal_english_translation": "The Complainant is the registrant of the international trademark registration No. 733058, “KIKO”, registered on March 24, 2000,  in class 3, and of the EU trademark registrations No. 001141126, “KIKO”, registered on May 15, 2003, in class 3, and No. 014575443, “KIKO MILANO”, registered on January 11, 2016, in class 3.\r\n\r\nThe disputed domain name was registered by the Respondent on July 8, 2019. ",
    "decision_domains": {
        "KIKOMILANO.BLOG": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}