{ "case_number": "CAC-UDRP-105160", "time_of_filling": "2023-01-31 13:06:05", "domain_names": [ "www.loropiano.com " ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Loro Piana S.p.A." ], "complainant_representative": "Andrea Mascetti (Barzanò & Zanardo Milano S.p.A.)", "respondent": [ "Wang Xian Sheng (xue a chu)" ], "respondent_representative": null, "factual_background": "

As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:<\/span><\/p>\n

(a) The Complainant is <\/span>an Italian company specialized in clothing and textile products. It is considered one of the largest cashmere manufacturers and the world's leading artisan company processing luxury fibers. It<\/span> has a total of 152 stores, of which 135 are directly operated<\/span>.<\/span><\/p>\n

(b) The disputed domain name redirects to a website with sexual contents.<\/span><\/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

In addition to the above factual assertions, the Complainant also contends the following:<\/span><\/p>\n

(a) The disputed domain name is a clear misspelling of the word element of Complainant's Trademarks and therefore it is confusingly similar to Complainant's Trademarks.<\/p>\n

(b) Complainant excludes that the Respondent is an authorized dealer, agent, distributor or reseller of Loro Piana or that he was authorized to register and use the Loro Piana trademark in a domain name. The disputed domain name redirects to a website with sexual contents. Therefore, the reputation of the LORO PIANA trademark is used to attract internet users to a website which has nothing to do with LORO PIANA and which could prejudice the reputation of the Complainant's trademark. The Complainant asserts that the Respondent has no right or legimitate interest to the disputed domain name.<\/p>\n

(c) Respondent has registered the disputed domain name which is a misspelling of a very well-known third party’s trademark without any authorization by the holder. The Respondent could not ignore the existence of the LORO PIANA trademark at the time of the registration of the disputed domain name because LORO PIANA is a very well-known trademark and is registered also in China where the Respondent is based. Moreover, LORO PIANA is a fanciful word which has no meaning; therefore, it is very hard to imagine that the Respondent was unaware of the LORO PIANA rights at the time of the registration of the disputed domain name. Furthermore, the fact that the disputed domain name is a misspelling of the LORO PIANA trademark. As a result, the Complainant believes that the disputed domain name was registered and is being used in bad faith.

<\/p>\n

RESPONDENT:<\/p>\n

The Respondent did not provide any response to the complaint.<\/span><\/p>", "rights": "

The Panel concluded that the disputed domain name is confusingly similar to Complainant’s Trademarks within the meaning of paragraph 4(a)(i) of the Uniform Domain Name Dispute Resolution Policy (\"UDRP\" or \"Policy\").<\/span>

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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.<\/span>

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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.<\/span>

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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": [ "Michal Matějka" ], "date_of_panel_decision": "2023-03-19 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following trademarks:
<\/span><\/p>\n

- international word trademark LORO PIANA, Reg. No. 578976, registered on 13 November 1991, in classes 23, 24 and 25;<\/span><\/p>\n

- European trademark LORO PIANA (device), Reg. No. 007383136, filed on 11 November, 2008 and registered on 9 June 2009, in classes 9, 14 and 35; and<\/p>\n

- international trademark LORO PIANA (device), Reg. No. 1546962, registered on 22 May 2020, in class 25, designating among the others United States.<\/p>\n

The disputed domain name <loropiano.com> was registered on 24 October 2022.<\/p>", "decision_domains": { "www.loropiano.com ": "TRANSFERRED" }, "panelist": null, "panellists_text": null }