{ "case_number": "CAC-UDRP-105522", "time_of_filling": "2023-06-14 09:09:42", "domain_names": [ "monclerisrael.net", "moncleruae.net", "monclerjapan.net", "monclerkuwait.com", "xn--monclerespaa-khb.net", "monclerbelgique.com", "monclerireland.com", "monclerbrasil.com", "moncleruksale.com", "monclerbelgiekopen.com", "monclersuissemagasin.com", "moncleraustralia.net", "monclercanadasale.com", "monclerdanmark.net", "monclernederland.net", "monclernorge.net", "monclerportugal.net", "monclersouthafrica.net", "monclersuomi.net", "monclerbulgaria.com", "monclereesti.com", "monclerlatvija.com", "moncleronlineshop.com", "monclerperu.com", "moncleruruguay.com", "monclerargentina.net", "monclerchile.net", "monclercolombia.net", "monclerslovenija.com", "xn--monclermagyarorszg-fsb.com", "xn--monclerromnia-reb.com", "xn--monclertrkiye-3ob.com", "monclergreece.net", "monclerhrvatska.net", "monclermexico.net", "monclersrbija.net" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "MONCLER S.P.A." ], "complainant_representative": "Convey srl", "respondent": [ "Qiu Xiaofeng", "Agayeva SEVINC ", "Petrosyan YELENA", "Birzu GALINA", " Karapetyan IRINA" ], "respondent_representative": null, "factual_background": "

The Complainant Moncler S.p.A. is an Italian luxury sport equipment manufacturer active in the sector in ready-to-wear outerwear headquartered in Milan, Italy.<\/span> The MONCLER brand was born in 1952. In the 1980’s, MONCLER became the iconic garment of a generation of youth. Since December 2021 Moncler is the official formalwear partner of Italian football club Inter Milan. The Complainant has spent considerable effort in promoting this mark, thereby acquiring the goodwill in association with the MONCLER mark.<\/p>\n

The Complainant registered domain names consisting of or comprising the trademark MONCLER under several different TLDs, including <moncler.com>, which was registered on May 14, 2003, <moncler.it> registered on April 9, 2002, <moncler.cn> registered on February 15, 2006, and <moncler.eu> registered on June 10, 2007. The Complainant’s website and social media accounts generate a significant number of visits by Internet users every day and are used by the Complainant to promote, and sell online its products.<\/p>\n

The disputed domain names were registered on April 12, 2023. The disputed domain names have been resolved to websites entirely dedicated to the sale of goods bearing the MONCLER mark and having identical layout for the disputed domain names.<\/p>\n

The Complainant sent a cease-and-desist letter to the Respondent on April 12, 2023.<\/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": "

COMPLAINANT:<\/p>\n

i) The Complainant has rights in the MONCLER mark as identified in section “Identification of rights” above. The disputed domain names are confusingly similar to the Complainant's MONCLER mark because they incorporate the Complainant’s mark in their entirety and add non-distinctive elements such as geographical terms, generic commercial terms and the generic Top-Level Domains .com and .net.<\/p>\n

ii) The Respondent has no rights or legitimate interests in respect of the disputed domain names. The Respondent is not a licensee, authorized agent of the Complainant or in any other way authorized to use the Complainant’s trademarks. The Respondent is not commonly known by the disputed domain names. The Respondent has not provided a bona fide<\/em> offering of goods or services in connection with the disputed domain names. The disputed domain names have been redirected by the Respondent to websites with identical layouts where the Complainant’s MONCLER marks are published and prima facie<\/em> counterfeit MONCLER branded products are offered for sale.<\/p>\n

iii) The Respondent has registered and is using the disputed domain names in bad faith. The use of the disputed domain names in connection with commercial websites where the Complainant’s trademark is misappropriated and prima facie<\/em> counterfeit MONCLER branded products are offered for sale, clearly indicates that the Respondent’s purpose for registering the disputed domain names was to capitalize on the reputation of the Complainant's trademark. The Respondent has been engaged in a pattern of conduct preventing the Complainant from reflecting the mark in the disputed domain names. The Respondent had knowledge of the Complainant’s rights in the MONCLER mark before registering the disputed domain names, which constitutes bad faith registration.

<\/p>\n

RESPONDENT:<\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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": "

PRELIMINARY ISSUE: MULTIPLE RESPONDENTS<\/strong><\/p>\n

The Complainant has alleged that it is likely that the disputed domain names are under the control of a single entity and consolidation is appropriate in this matter. Paragraph 3(c) of the Rules (the “Rules”) for the Uniform Domain Name Dispute Resolution Policy (the “UDRP” or “Policy”) provides that a “complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.” The Complainant contends that the disputed domain names are subject to an evident common control, thus making the consolidation of the dispute equitable and procedurally efficient. The elements establishing the existence of a common control are the following:<\/p>\n

- same date of registration: April 12, 2023;<\/p>\n

- identical websites corresponding to the disputed domain names;<\/p>\n

- same products offered for sale; and<\/p>\n

- presence of geographical terms associated to the Complainant’s trademark in the disputed domain names (except for the domain name <moncleronlineshop.com>).<\/p>\n

The Complainant provides exhibits showing the circumstances as listed above. The Panel finds that the circumstances indicated above are concrete and sufficient to prove that the disputed domain names are subject to a common control by a single entity. The Panel agrees and finds that the disputed domain names are commonly owned\/controlled by a single Respondent who is using multiple aliases. Throughout the decision, the Respondents will be collectively referred to as “Respondent.”<\/p>\n

The Panel is satisfied that all other 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": [ "Mr. Ho-Hyun Nahm Esq." ], "date_of_panel_decision": "2023-07-16 00:00:00", "informal_english_translation": "

The Complainant owns trademark registrations for the mark MONCLER, among others, the following:<\/p>\n

International TM Reg. No. 383336 registered on October 26, 1971 for MONCLER in class 3;<\/p>\n

International TM Reg. No. 010165256 registered on April 10, 2012 for MONCLER in classes 4, 20, 35;<\/p>\n

International TM Reg. No. 1467902 registered on December 17, 2018 for MONCLER in classes 9, 35, 36, 37, 38, 39, 41, 42;<\/p>\n

EUIPO TM Reg. No. 003554656 registered on February 11, 2005 for MONCLER in class 3; and<\/p>\n

EUIPO TM Reg. No. 005796594 registered on January 28, 2008 for MONCLER in classes 3, 9, 14, 16, 18, 22, 24, 25, 28.<\/p>", "decision_domains": { "monclerisrael.net": "TRANSFERRED", "moncleruae.net": "TRANSFERRED", "monclerjapan.net": "TRANSFERRED", "monclerkuwait.com": "TRANSFERRED", "xn--monclerespaa-khb.net": "TRANSFERRED", "monclerbelgique.com": "TRANSFERRED", "monclerireland.com": "TRANSFERRED", "monclerbrasil.com": "TRANSFERRED", "moncleruksale.com": "TRANSFERRED", "monclerbelgiekopen.com": "TRANSFERRED", "monclersuissemagasin.com": "TRANSFERRED", "moncleraustralia.net": "TRANSFERRED", "monclercanadasale.com": "TRANSFERRED", "monclerdanmark.net": "TRANSFERRED", "monclernederland.net": "TRANSFERRED", "monclernorge.net": "TRANSFERRED", "monclerportugal.net": "TRANSFERRED", "monclersouthafrica.net": "TRANSFERRED", "monclersuomi.net": "TRANSFERRED", "monclerbulgaria.com": "TRANSFERRED", "monclereesti.com": "TRANSFERRED", "monclerlatvija.com": "TRANSFERRED", "moncleronlineshop.com": "TRANSFERRED", "monclerperu.com": "TRANSFERRED", "moncleruruguay.com": "TRANSFERRED", "monclerargentina.net": "TRANSFERRED", "monclerchile.net": "TRANSFERRED", "monclercolombia.net": "TRANSFERRED", "monclerslovenija.com": "TRANSFERRED", "xn--monclermagyarorszg-fsb.com": "TRANSFERRED", "xn--monclerromnia-reb.com": "TRANSFERRED", "xn--monclertrkiye-3ob.com": "TRANSFERRED", "monclergreece.net": "TRANSFERRED", "monclerhrvatska.net": "TRANSFERRED", "monclermexico.net": "TRANSFERRED", "monclersrbija.net": "TRANSFERRED" }, "panelist": null, "panellists_text": null }