The Complainant is a well-known Italian sports car manufacturing company, founded in 1963 by Ferruccio Lamborghini. Since 1998, the Complainant is a wholly-owned subsidiary of Audi AG. After almost 60 years, the Complainant’s business continues to grow and in 2021 reached its best-ever performance in terms of turnover and profitability with a turnover of EUR 1.95 billion (an increase of 19% compared to 2020) and 8,405 cars sold worldwide.<\/p>\n
The Complainant owns, among others, the domain name <lamborghini.com>, which hosts its official website.<\/p>\n
The disputed domain names have been registered between August 5, 2014, and June 22, 2022. The disputed domain names <lamborghini.lat> and <lamborghini-coin.com> redirect to websites active in the supply of marketing and financial services, and the domain name <lamborgate.com> redirects to a website providing information about the Complainant and the relationship between the parties. The other domain names are not actively used.<\/p>", "other_legal_proceedings": "
Regarding other legal proceedings between the parties, the Complainant made the following statement:<\/p>\n
“The Complainant and the Respondent have been involved in other legal proceedings, ended with judgements, mainly addressing the non-authenticity of certain license agreements purportedly granting to the Respondent’s license rights on the Lamborghini Marks (as hereinafter defined) with consequent recognition of lack of Respondent’s right to use them, in particular:<\/p>\n
Interim proceedings brought by the Complainant against the Respondent (Automoviles Lamborghini Latinoamerica SA together with its CEO, Mr. Jorge Antonio Fernández García) before the Court of Genoa, Italy, (R.G. 6821\/2019): with an ex parte order dated 20 July 2019 and confirmed on 31 December 2019 (not appealed), the Italian Court has ascertained and declared that there was no valid and effective agreement between the parties legitimizing the Respondent to use the Lamborghini Marks, and consequently prohibited the defendants to use in any way in the territory of all EU countries the Lamborghini Mark or any trade mark, company name, domain name and in general any distinctive sign containing words and\/or figures identical or similar to those claimed by the Lamborghini Mark or in any case containing the name “Lamborghini”, alone or in association with others and ordered the transfer to the Complainant of all domain names registered by the Respondent and featuring the Lamborghini Mark or any similar sign (an order that Marcaria refused to implement).<\/p>\n
Proceedings brought by the Complainant against the Respondent (as well as its CEO and others involved in the infringement) before the Eastern District of Virginia Court, USA (case l:18-cv-00062-TSE-TCB): with decision dated 16 June 2020, now res judicata, the US Court issued a permanent injunction against the defendants from advertising, marketing or selling unlicensed and unauthorised counterfeit goods that infringe the Complainant's federally registered trademarks in the United States and from using the Complainant's federally registered trademarks in the United States. The Court acknowledged the absence of right of the Respondent to use the Lamborghini Mark and the license agreements filed for recordal by the Respondent to be fictitiously created and, thus, invalid, unenforceable and fraudulent.<\/p>\n
The interim proceedings before the Argentina National Commercial Court of Buenos Aires, n° 6 - Registry n° 12 (case no. 30101\/2019): with decision dated 11 November 2020, the Argentinian Court, by reversing a previous interim decision, acknowledged the non-authenticity of the purported license agreements filed by the Respondent and that the Respondent has no right to use the Lamborghini Mark or to pretend to be an authorized licensee of the Complainant.<\/p>\n
The High Court of 2nd degree of Santa Catarina in Brazil, by deciding in interim proceedings also involving the Respondent, ruled out the license rights alleged by the Respondent on the Lamborghini Mark.”<\/p>", "no_response_filed": "
COMPLAINANT:<\/p>\n
The Complainant contends that the disputed domain names are all identical or confusingly similar to the Complainant’s trademarks.<\/p>\n
With regard to the domain names <lamborghini.lat>, <lamborghini.black>, <lamborghini.fashion>, and <lamborghini.green>, the Complainant argues that they are identical to the trademark “Lamborghini” as they fully incorporate such trademark without any further addition. The Complainant further states that the disputed domain names <e-lamborghini.app>, <lamborghini-coin.com>, <lamborghini-eyewear.com>, <lamborghini-financial-group.com>, <lamborghini-financial.group>, <lamborghini-financial.investments>, <lamborghini-financial.management>, <lamborghini-gate.com>, <lamborghini-latam.com>, <lamborghini-loc.com>, <lamborghini-lvx.com>, <lamborghini-lvx.net>, <lamborghini-marketing-group.com>, <lamborghini-official-licensee.com>, <lamborghini-official-marketing.com>, <lamborghini-royal-dynasty.com>, <lamborghini-watches.com>, <lamborghinidigitalbank.app>, <lamborghinidigitalbank.com>, <lamborghinigate.com>, <lamborghinimultiverse.com>, <lamborghiniroyaldynasty.com>, <multiverselamborghini.com>, <store-lamborghini.com>, and <the-lamborghini-lifestyle.com> are confusingly highly similar to the trademark “Lamborghini” as they fully incorporate such trademark, combining it with generic words. Finally, with regard to the disputed domain name <lamborgate.com>, the Complainant argues that this domain name is confusingly similar to the Complainant’s trademark “Lambo”.<\/p>\n
Furthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain names.<\/p>\n
It states that it never authorized the Respondent to use the Complainant’s trademarks as a domain name or company name. The Complainant further contends that the Respondent falsely claims on its website at <lamborghini.lat> to be the representative of the Complainant in Latin America, owner of trademark registrations for the trademark “Lamborghini” in several countries of Latin America, and the exclusive licensee of the trademark “Lamborghini”. The Complainant further states that the Respondent concocted fictitious and fraudulent documents (i.e., license agreements) forging the Complainant’s seal and its legal representative signature, falsely pretended to be the Complainant’s authorized representative, filed for recordal of such fictitious license agreements before the European Union and other countries’ Intellectual Property offices, and blatantly marketed counterfeit products. In support of its allegations, the Complainant broadly refers to the above-mentioned decisions in court proceedings between the parties.<\/p>\n
With regard to the Respondent’s use of the domain name <lamborgate.com>, the Complainant states that the Respondent is using this domain name to redirect Internet users to a website aimed at spreading false information about the Complainant and the relationship between the parties. It further argues that the Respondent cannot refer to a legitimate non-commercial or fair use of this domain name in the name of “free speech” because the Respondent could well have chosen to use a domain name that was not confusingly similar to the Complainant’s trademark for any (non-existing) informative purpose, but intentionally did not so in order to attract the public and divert the Complainant’s business.<\/p>\n
As to the domain names <lamborghini.lat> and <lamborghini-coin.com>, the Complainant states that these domain names are used to supply of unauthorized products\/services under the trademark “Lamborghini” and blatantly constitute a trademark infringement which is per se proof of lack of rights or legitimate interests.<\/p>\n
Finally, the Complainant also contends that the Respondent’s company name and its trademark applications (all opposed by the Complainant) do not lead to own rights or legitimate interests because the Respondent was not authorized by the Complainant to use the Complainant’s trademarks as a company name or to file for trademarks and as the Respondent cannot claim to be rightfully known as “Lamborghini”.<\/p>\n
Finally, the Complainant contends that the disputed domain names were registered and are being used in bad faith.<\/p>\n
The Complainant argues that the Respondent does not have rights or legitimate interests in the disputed domain names but, at the time of registration, willfully and unrightfully associates with the Complainant and its trademark “Lamborghini” and that the registration of the disputed domain names, which infringe the exclusive rights of Complainant, is per se indicative of bad faith on part of the Respondent.<\/p>\n
The Complainant further contends that the Respondent’s bad faith is also proven by its extended counterfeiting and competitively unfair conduct and by the fact that the Respondent perseveres to use and register domain names although it has already been judicially restrained to do so by several courts. It also argues that evidence of bad faith is also given by the facts that the Respondent is using the Complainant’s well-known logo on its website and that the disputed domain names are identical to a well-known trademark and registered by an unaffiliated entity which intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant's trademarks.<\/p>\n
The Complainant also argues that the Respondent’s non-use of some of the disputed domain names equals to bad faith use.<\/p>\n
Finally, the Complainant contends that the use of the disputed domain names is made with the purpose of disrupting the business of a competitor and with the intention to attract, for commercial gain, Internet users to the website, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of its products and services. <\/p>\n
RESPONDENT: <\/p>\n
No administratively compliant Response has been filed.<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [ "Peter Müller" ], "date_of_panel_decision": "2023-01-26 00:00:00", "informal_english_translation": "
The Lamborghini Mark has been registered by the Complainant first in Italy, since 1974, and subsequently in several countries worldwide. The Complainant is inter alia registered owner of US trademark registration no. 1622382 “Lamborghini”, filed on January 16, 1990, Mexican trademark registration no. 1069750 “Lamborghini”, filed on March 3, 2008, and EU trademark registration no. 006113451 “Lambo”, filed on July 19, 2007.<\/p>", "decision_domains": { "lamborghini.lat": "TRANSFERRED", "lamborghini.black": "TRANSFERRED", "lamborghini.fashion": "TRANSFERRED", "lamborghini.green": "TRANSFERRED", "e-lamborghini.app": "TRANSFERRED", "lamborghini-coin.com": "TRANSFERRED", "lamborghini-eyewear.com": "TRANSFERRED", "lamborghini-financial-group.com": "TRANSFERRED", "lamborghini-financial.group": "TRANSFERRED", "lamborghini-financial.investments": "TRANSFERRED", "lamborghini-financial.management": "TRANSFERRED", "lamborghini-gate.com": "TRANSFERRED", "lamborghini-latam.com": "TRANSFERRED", "lamborghini-loc.com": "TRANSFERRED", "lamborghini-lvx.com": "TRANSFERRED", "lamborghini-lvx.net": "TRANSFERRED", "lamborghini-marketing-group.com": "TRANSFERRED", "lamborghini-official-licensee.com": "TRANSFERRED", "lamborghini-official-marketing.com": "TRANSFERRED", "lamborghini-royal-dynasty.com": "TRANSFERRED", "lamborghini-watches.com": "TRANSFERRED", "lamborghinidigitalbank.app": "TRANSFERRED", "lamborghinidigitalbank.com": "TRANSFERRED", "lamborghinigate.com": "TRANSFERRED", "lamborghinimultiverse.com": "TRANSFERRED", "lamborghiniroyaldynasty.com": "TRANSFERRED", "multiverselamborghini.com": "TRANSFERRED", "store-lamborghini.com": "TRANSFERRED", "the-lamborghini-lifestyle.com": "TRANSFERRED", "lamborgate.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }