{ "case_number": "CAC-UDRP-104982", "time_of_filling": "2022-11-16 16:30:16", "domain_names": [ "SBKAPPAREL.COM" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Dorna WSBK Organization Srl" ], "complainant_representative": "Massimo Cimoli (De Simone & Partners Srl)", "respondent": [ "Susie Berry (Contact Privacy Inc. Customer 0163809162)" ], "respondent_representative": null, "factual_background": "

The Complainant, Dorna WSBK Organization Srl, is the owner of the trademark SBK and has a worldwide presence. It states that SBK is famous not only for the sport events associated with the trademark, consisting primarily of the worldwide motor racing event, but above all for its T-shirts, hats, jackets, glove, helmet glasses and many other products in relation to which Dorna has carried out strong merchandising projects.<\/p>\n

The Complainant states that SBK has evolved exponentially since its inception in 1988 when the nascent sports series broke ground as production-based motorcycle-racing program. The appeal of the SBK Championship was the fact that the teams were running production motorcycles (highly modified, but none the less production-based). The SBK fans could see the same motorcycles that were on their local dealership’s floor mixing it up at speed on racetrack.<\/p>\n

After humble beginnings the SBK Championship came under the guidance of the Italian Flammini Group (FGSports) in the early 90s. American sensation, Doug Polen, brought the series unprecedented exposure when the Texan dominated his rookie year in 1991, winning the title, and successfully defending the crown in 1992.<\/p>\n

This event helped ignite a powerful Ducati presence in the series, creating an engaging competition between the Italian powerhouse and the major Japanese motorcycle manufacturers (Honda, Suzuki, Kawasaki, and Yamaha) that lasts to this day.<\/p>\n

In the 22 years since its inception, the SBK Championship has also had a major impact on the development and engineering of modern sport motorcycles. By the end of the 90s every main superbike manufacturer was deeply involved with SBK Championship. Honda, Kawasaki, Yamaha, Suzuki, Ducati, Benelli and Aprilia (and for a while Petronas) all of whom had a major presence. In response, the manufactures poured more financial backing into their race teams and the Superbike series continued to grow.<\/p>\n

In March of 2013 the Spanish Group DORNA, already owner of the MotoGP Championship, took over the SBK motor racing firm Infront. The new owner, the Complainant in this UDRP proceeding, is now called DORNA WSBK Organization S.r.l. In response, the manufactures poured more backing into their race teams and the Superbike series continued to grow.<\/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": "

COMPLAINANT<\/p>\n

The Complainant states that Respondent registered the disputed domain name <SBKAPPARELCOM> on February 23, 2022 (the \"Disputed Domain Name\") and used it to offer SBK branded sport apparel. The Complainant states that more recently the web site linked to the Disputed Domain Name has become inactive. 
The Complainant states that it is more than obvious that the domain name at issue is identical, or – at least – confusingly similar, to the Complainant’s trademark SBK. It bases this on the fact that SBKAPPAREL.COM exactly reproduces its well-known trademark SBK. This is reinforced by the mere addition of the term “APPAREL”, with obvious references to clothing and apparel products as offered by the Complainant to its customers. Just a simple search as SBK apparel leads to many pages and products of the Complainant.<\/o:p><\/span><\/p>\n

RESPONDENT<\/p>\n

The Respondent has not appeared or submitted a response in this proceeding. The Complainant also notes that Respondent is hiding its identity. The contact information is not correct and the Respondent appears to be hiding its identity behind a proxy.<\/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": [ "Gerald Levine Ph.D, Esq." ], "date_of_panel_decision": "2022-12-21 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following SBK registrations:<\/p>\n