{ "case_number": "CAC-UDRP-105486", "time_of_filling": "2023-06-07 09:44:15", "domain_names": [ "grazoilgroup.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Grazioli Cesare S.r.l." ], "complainant_representative": "Avv. Niccolò Ferretti", "respondent": [ "Loretta Shaw" ], "respondent_representative": null, "factual_background": "
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The Complainant in the present proceedings is Grazioli Cesare S.r.l., an Italian company with register office in Via Cornali, 12\/16, 25013, Carpendolo (BS), Italy.<\/p>\n


For more than 60 years the company has been producing tailor-made machines and plants for processing steel tubes and non-ferrous metals.
In light of the Complainant’s significant investments in R&D, marketing, sales and distribution channels, Grazioli Cesare S.r.l. has in the view of Complainant become a well-known trademark in its field.<\/p>\n

The website https:\/\/grazioligroup.com\/en\/ is the official website of the Complainant <\/p>\n

In May 2023, the Complainant became aware that, on April 21st, 2023 the Respondent had registered the Disputed Domain Name <grazoilgroup.com>, without the Complainant’s authorization.<\/p>\n<\/div>\n

The Diputed Domain Name registered by the Respondent, is in the view of Complainant identical, or at least confusingly similar, to the trademarks “Grazioli”, on which the Complainant has rights and to its domain name <grazioligroup.com>. In particular, analyzing both the signs, they appear perfectly superimposable.<\/p>\n

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The Disputed Domain Name “grazoilgroup.com” incorporates almost the entire trademarks of the Complainant, i.e. “Grazioli”.<\/p>\n

The Complainant states that Respondent is not a licensee, nor an authorized agent of the Complainant, nor it has been, in any other way, authorized to use the Complainant’s trademarks. The Respondent has no relationship with the Complainant.<\/p>\n<\/div>\n

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The Complainant has not licensed or otherwise permitted the Respondent to use its trademarks or register the Disputed Domain Name incorporating its trademark. In particular, it is important for Complainant to note that the Respondent has never registered “grazoilgroup.com” as a trademark, but it has only created the disputed domain name in order to misled the public.<\/p>\n

The Disputed Domain Name is not used and the Respondent has not made any use of the Disputed Domain Name since its registration. Moreover, the website www.grazoilgroup.com results to be unreachable. Such circumstance confirm in the view of Complainant that the Respondent has no demonstrable plan to use the Disputed Domain Name and has not since its registration. <\/p>\n


For all the above-mentioned reasons, the Respondent is in the view of Complainant not making a legitimate non-commercial use or a fair use of the Disputed Domain Name without the intent of commercial gain, of misleadingly diverting consumers or tarnishing the trademark of the Complainant.<\/p>\n

For all of the foregoing reasons, the Complainant concludes that Respondent has no rights or legitimate interests in respect of the domain name pursuant to Article 3 (b) (ix) of the UDRP Rules.<\/p>\n

The Complainant states that in light of the use of the trademarks “Grazioli” for many years, the amount of advertising, the intensive use of the trademarks in more than 100 countries, the Respondent could not have ignored the existence of the Complainant’s trademarks, with which the domain name is confusingly similar.<\/p>\n<\/div>\n

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In this regard, the registration of the contested domain name made by the Respondent, even though the previous acknowledgement of the Complainant’s trademarks, testifies Respondent’s bad faith.<\/p>\n

The website related to the contested domain name is not active, nor it has been used in connection with an active website, but it is passively held, as per the so called ‘passive holding doctrine’.<\/p>\n

Complainant states, that the circumstance that “grazoilgroup.com” resolves in an unreachable website, leads to a finding of bad faith.<\/p>\n

Under these circumstances, considering also the identity \/ confusing similarity of the disputed domain name with the trademarks “Grazioli”, as well as with the Complainant’s domain name <grazioligroup.com>, the Complainant finds that there would be no reasonable grounds for the Respondent to argue that, through the Disputed Domain Name, it was intending to pursue a legitimate activity.<\/p>\n

Furthermore, the Complainant has been informed that people unrelated to the company, posing as company employees, sent numerous emails to many customers of the company in order to deliberately create confusion and become aware of confidential data.<\/p>\n


In order to deceive the customers of the company, unidentified people, under false identities of imaginary employees of Grazioli Cesare S.r.l. (Mr. Moura), sent many e-mails from e-mail addresses with the domain name <grazoilgroup.com> (pedro@grazoilgroup.com), identical to that of the Respondent and, therefore, confusingly similar to the one registered by the Complainant.<\/p>\n

Furthermore, to deceive the customers in the best possible way, the authors of these emails also use the trademarks “Grazioli” owned by the Complainant along with the name of the fictitious identity of the fake company employees.<\/p>\n

It is clear in the view of Complainant that the purpose that led the Respondent to register the Disputed Domain Name was primarily to disrupt the business of Complainant, a world renowned and well respected company in its sector: the Respondent did not intend to use the domain name in connection with any legitimate purpose, but has only used the domain name as part of a fraudulent scheme.<\/p>\n<\/div>\n<\/fieldset>", "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": [ "Jan Schnedler" ], "date_of_panel_decision": "2023-07-01 00:00:00", "informal_english_translation": "

The Complainant is the owner of three trademark registrations for the sign “Grazioli”, including the following ones:<\/p>\n

- Italian Trademark Registration No. 302015902343185, filed on April 9, 2015, and registered on April 20, 2015, for the classes 7 and 37 of the Nice Classification;
- Italian Trademark Registration No. 302015000030346, filed on July 3, 2015, and registered on December 27, 2016, for the classes 7 and 37 of the Nice Classification;
- International Trademark Registration No. 1288702, registered on November 2, 2015, for the classes 7 and 37 of the Nice Classification.<\/p>\n

The Complainant is also the owner of the domain name <grazioligroup.com>. <\/p>", "decision_domains": { "grazoilgroup.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }