The Complainant is a renowned Italian manufacturer of apparel, shoes and clothing accessories under the well-known brand “SUN68”.<\/p>\n
Numero 8 is based in Noventa di Piave and – since its establishment in 2005 – has expanded and grown to almost two million pieces distributed each year at more than 2.300 retail dealers. “SUN68” is currently one of the highest performing companies in Italy. The Complainant’s current annual turnover amounts to 58 million Euro (and an estimated 70 million Euro for the for 2023).<\/p>\n
The success of the Complainant’s trademark “SUN68” has been widely reported by both the national and international press and the public who recognized the high value of “SUN68” apparel in events such as PITTI UOMO, one of the world’s most important platforms for men's clothing and accessory collections, and for launching new projects in men's fashion. This is the result of the considerable investments made by the Complainant for the promotion of its brand (as a mere example, annual spending of 200,000 Euros in press advertising only in Italy, building a unique partnership with Italian major sport\/ lifestyle press group “RCS” (La Gazzetta dello Sport, Sportweek, Corriere della Sera), including co-partnership organized events, EU press office in Antwerp and Amsterdam (MMBSY https:\/\/www.mmbsy.com\/), with annual spending of 80K Euros in ambassadors and events projects, over 110K Euros in multichannel online advertising (social and Google), etc.).<\/p>\n
Apart from being the owner of numerous earlier trademarks, the Complainant is also the owner, among others, of the domain name <SUN68.COM>, registered on August 22, 2005 and currently connected to the Complainant’s official website https:\/\/www.sun68.com.<\/p>\n
On February 25, 2022, the Respondent registered the domain name <SUN68IT.ONLINE>.<\/p>", "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.<\/p>", "no_response_filed": "
The Complainant contends that <SUN68IT.ONLINE> is identical to “SUN68” trademark, with the mere addition of letters “IT”, a clear reference to the country-code of ITALY.
The Complainant contends it has no relationship to the Respondent, the disputed domain name does not correspond to the name of the Respondent and is not used for legitimate purposes.
The Complainant’s trademark “SUN68” is distinctive and well known all around the world. The fact that the Respondent has registered a domain name that is confusingly similar to it indicates that the Respondent had knowledge of the Complainant’s trademark at the time of registration of the disputed domain name. The current use of the disputed domain name causes great damages to the Complainant, due to the misleading of its present clients and to the loss of potential new ones.<\/p>\n
No administratively compliant Response has been filed.<\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Udo Pfleghar B.A. (Melb.)" ], "date_of_panel_decision": "2022-12-15 00:00:00", "informal_english_translation": "
The Complainant is the owner, among others, of the following registrations for the trademarks “SUN68”:<\/span><\/p>\n - International trademark registration n. 871547 “SUN68”, granted on September 15, 2005 and duly renewed in class 25, covering Australia, Switzerland, Croatia, Monaco, Norway and Singapore;<\/span><\/p>\n - International trademark registration n. 1042450 “SUN68”, granted on May 28, 2010 and duly renewed in classes 3, 9, 14, 16, 18, 25 and 35, covering among others Australia, Switzerland, South Korea, Russia, etc.;<\/span><\/p>\n - European Union trademark no. 4526174 “SUN68”, filed on July 5, 2005, granted on May 15, 2006 and duly renewed, in class 25;<\/span><\/p>\n - European Union trademark no. 9138025 “SUN68”, filed on May 28, 2010, granted on April 18, 2011 and duly renewed, in classes 3, 9, 14, 16, 18 and 35;<\/span><\/p>\n - Chinese trademark registration no. 23554375A “SUN68”, filed on April 13, 2017, granted on October 21, 2018 in class 25; and<\/span><\/p>\n - US trademark registration no.6604755 “SUN68”, filed on December 2, 2019 and granted on January 4, 2022 in class 25.<\/span><\/p>",
"decision_domains": {
"SUN68IT.ONLINE": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}