FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
The Complainant points out that it is a subsidiary of Fenicia S.p.A.
The Complainant clarifies that together with Fenicia S.p.A. it constitutes a leading group in the men's and women's shirt segment, in Italy and abroad.
The Complainant submits that in 1986, it started its business with the first series of shirts produced exclusively for the NaraCamicie store on Via Montenapoleone in Milan.
The Complainant explains that, gradually, NaraCamicie stores have spread extensively throughout the country and internationally.
The Complainant adds that its collections include shirts, suits, knitwear, jackets and pants.<\/p>\n
The Complainant considers that the domain name at issue is identical, or confusingly similar to the Complainant’s trademarks because the domain NARACAMICIEUSA.COM exactly reproduces the trademark “NARACAMICIE”, with the mere addition of the acronym “USA” (United States of America), a country where the Complainant's trademarks have been registered and are used.<\/p>\n
The Complainant argues that the Respondent has no rights on the disputed domain name, and any use of the trademarks “NARACAMICIE” has to be authorized by the Complainant.<\/p>\n
The Complainant points out that nobody has been authorized or licensed to register or use the disputed domain name.
The Complainant underlines that the disputed domain name does not correspond to the name of the Respondent and, to the best of the Complainant's knowledge, the Respondent is not commonly known as “NARACAMICIEUSA”.
The Complainant adds that it does not find any fair or non-commercial uses of the disputed domain name.<\/p>\n
The Complainant’s submits that its trademark “NARACAMICIE” is distinctive and well known all around the world and argues that the fact that the Respondent has registered and is using a domain name that is confusingly similar to it indicates that the Respondent had knowledge of the Complainant’s trademark at the time of registration of the disputed domain name.<\/p>\n
The Complainant observes that if the Respondent had carried out even a basic search on a search engine in respect of the wording “NARACAMICIE”, the same would have yielded obvious references to the Complainant, and considers that it is more than likely that the disputed domain name would not have been registered if it were not for Complainant’s trademark.
The Complainant adds that the disputed domain name is not used for any bona fide offerings; on the contrary, by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his web site, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his web site.
The Complainant asserts that the disputed domain name is connected to a website sponsoring items of clothing and reproducing the Complainant’s brand.
The Complainant believes that Internet users, while searching for information on the Complainant’s products and services, are confusingly led to the websites of the Respondent.
The Complainant deems that the Respondent has registered and is using the disputed domain name in order to intentionally divert traffic away from the Complainant’s web site.<\/p>\n
The Complainant argues that the current use of the disputed domain name causes great damages to the Complainant, due to the misleading of their present clients and to the loss of potential new ones.<\/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": [ "Michele Antonini" ], "date_of_panel_decision": "2023-05-31 00:00:00", "informal_english_translation": "
The Complainant is the registrant of the International trademark registration No. 910024 “NARACAMICIE\", registered on May 31, 2006, for goods and services in classes 25, 35 and 42.<\/span>
The disputed domain name was registered by the Respondent on May 18, 2012.<\/span><\/p>",
"decision_domains": {
"NARACAMICIEUSA.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}