The Complainant is an Italian retail store chain, founded in 1957.<\/p>\n
With over 8,3 billion EUR of total revenues and 185 points of sales, the Complainant is leader in the Italian retail field.<\/p>\n
The Complainant promotes its products and services through its main website associated to the domain name <esselunga.it> and social media accounts (e.g., Facebook and Instagram).<\/p>\n
The disputed domain name was registered with privacy or proxy service on 10 June 2023 by In ger, residing in France.<\/p>\n
The disputed domain name does not resolve to any active website.<\/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:<\/p>\n
The Complainant contends that the disputed domain name is identical to its ESSELUNGA Trademark.<\/p>\n
The Complainant also contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent is not known by the disputed domain name. The Complainant does not have any relationship with the Respondent. The Respondent is not affiliated with nor authorized by the Complainant in any way to make any use of the Complainant’s mark or to register the disputed domain name.<\/p>\n
Besides, the Complainant contends that the Respondent did not use the disputed domain name, and it confirms that the Respondent has no demonstrable plan to use the disputed domain name.<\/p>\n
Finally, the Complainant contends that given the distinctiveness of the Complainant's trademark and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark. More of the passive holding of the domain name by the Respondent constitutes bad faith use.<\/p>\n
The Complainant requests the transfer of the disputed domain name.<\/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 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": [ "Ivett Paulovics" ], "date_of_panel_decision": "2023-08-04 00:00:00", "informal_english_translation": "
The Complainant is owner of numerous registered trademarks for the term \"ESSELUNGA\" (hereinafter the \"ESSELUNGA Trademark\"), among which:<\/p>\n