It results from the Complainant’s undisputed allegations that the trademark GIORDANA has its roots in 1971 when the Complainant - elite cyclist – founded an importing and distribution company. The Complainant left Italy when he was twenty years old for Canada and became the first North American distributor for frames and cycling clothes. Working with the biggest names in the sport, his goal has always been to offer the highest quality European equipment to elevate the American cycling experience.<\/p>\n
In the late 1970s, the Complainant’s success and expertise allowed him to launch Giordana Sport, his own cycling apparel brand, through the GIORDANA company which designs and produces apparel for the everyday rider and professional racers, too.<\/p>\n
Over the years GIORDANA brand has sponsored athletes at all levels including National Teams, WorldTour teams, World Champions, Olympic gold medallists.<\/p>\n
The Complainant has recently opened a dedicated GIORDANA manufacturing facility in Italy, creating also a chain of distributors worldwide.<\/p>\n
The Complainant further contends its trademark GIORDANA be distinctive and well-known worldwide in the sector of cycling apparel and has many boutiques and a distribution network worldwide<\/p>\n
The Complainant uses the domain name <giordanacycling.com> to connect to a website, through which it advertises and sell its products.<\/p>\n
The disputed domain name <giordanashop.com > was registered on December 18, 2021 and resolves to a website displaying Complainant’s trademarks and further reproducing the Complainant’s copyrighted images and allegedly selling Complainant’s branded products at a discounted price\/low prices.<\/p>\n
On October 12, 2022 a cease and desist letter was sent by the Complainant’s authorized representative to the Respondent requesting to refrain from using the disputed domain name as well as to transfer the disputed domain name to the Complainant. There was no reply and no comply to this request.<\/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´s contentions are summarised above.<\/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": [ "Dr. Federica Togo" ], "date_of_panel_decision": "2023-04-26 00:00:00", "informal_english_translation": "
The Complainant is the registered owner of several trademarks worldwide consisting of and or containing the term “GIORDANA”, amongst others of International Registration n. 529214 GIORDANA, registered on September 20, 1988 for goods in class 25, designating amongst others Germany; International registration n. 1144934 GIORDANA, registered on November 13, 2012 for goods in class 25, designating amongst others China.<\/p>", "decision_domains": { "giordanashop.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }