The Complainant, Mecal Machinery S.r.l., is an Italian company founded in 1978 and specialized in the production of machines and systems for the processing of aluminum, PVC and light alloys. The Complainant produces 60 types of products, serves for more than 37.250 customers worldwide and operates about 50.000 square meters of production facilities. Its presence in the world is realized through joint ventures, distribution agreements or direct sales.<\/p>\n
The Complainant also owns domain names <<\/strong>mecal.com> and <mecal.it>.<\/p>\n On January 27, 2023, the Respondent registered the disputed domain name <MECAIL.COM>. It is not used as the website, however, e-mail messages fraudulently impersonating Complainant’s employees are being sent (phishing), and therefore, Complainant has addressed Italian police to start criminal investigation.<\/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 submits that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. <\/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": [
"Darius Sauliūnas"
],
"date_of_panel_decision": "2023-04-07 00:00:00",
"informal_english_translation": " The Complainant is the owner of the following registrations for the trademark MECAL:<\/p>\n - International trademark MECAL (Reg. No. 1286889) registered on September 25, 2015, in connection with class 7 extended to several countries, including USA and Mexico;<\/p>\n - EU trademark MECAL (reg. No. 14579346), registered on February 22, 2016, in connection with class 7.<\/p>",
"decision_domains": {
"MECAIL.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}