{ "case_number": "CAC-UDRP-105417", "time_of_filling": "2023-05-19 09:35:34", "domain_names": [ "esselungacasa.net", "esselungaacasa.net" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Esselunga S.p.A." ], "complainant_representative": "Mr. Claudio Tamburrino (Barzanò & Zanardo Milano S.p.A.)", "respondent": [ "Alfredo Mascheroni" ], "respondent_representative": null, "factual_background": "

The Complainant is the Italian leader in the retail field and has around 185 points of sales and had a net revenue of over 8 billion EUR in 2022. <\/span><\/p>\n

The disputed domain names <esselungacasa.net<\/span><\/a>> and <esselungaacasa.net> were both registered on February 28, 2023 and resolve to a parking page with commercial links to third parties, inter alia in the field of food. <\/span><\/p>\n

The Respondent´s residence is in Parma, Italy, and several Esselunga Stores are close to the mentioned address.<\/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 names.<\/p>", "no_response_filed": "

 NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>\n

The Complainant contends that the disputed domain names are confusingly similar to the trademark ESSELUNGA since the domain names wholly incorporate Complainant´s mark. The Complainant denies that the Respondent is an authorized dealer, agent, distributor, wholesaler or retailer of ESSELUNGA and contends that  <\/span>he never authorized any other third party to include its well-known trademarks in the disputed domain names, nor to make any other use of its trademark in any manner whatsoever. Given Complainant´s trademark being well known, Complainant finally contends that the Respondent has registered and used the domain names with full knowledge of the Complainant's trademark.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 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": [ "Dietrich Beier" ], "date_of_panel_decision": "2023-06-27 00:00:00", "informal_english_translation": "

The Complainant is the owner of, inter alia, the Europan Union Trademark registration 13719745 ESSELUNGA in classes 1,3,5,6,8,9,16, 21, 24, 25,28,29,30,31,32,33 and 35, filed on February 9, 2015 and registered on July 8, 2015 and being in effect. <\/span><\/p>", "decision_domains": { "esselungacasa.net": "TRANSFERRED", "esselungaacasa.net": "TRANSFERRED" }, "panelist": null, "panellists_text": null }