FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT<\/p>\n
The Complainant is an Italian retail store chain, founded in 1957 by Nelson Rockefeller and others.<\/p>\n
In the year ended 31 December 2022 the Complainant had 8.3 billion EUR of total revenues and 185 points of sale, with gross profits of 133.8 million Euro and net profits of 63.8 million Euro.<\/p>\n
“Esselunga” is a fanciful word. As well as numerous trade marks, the Complainant is owner of several top-level and county top-level domain names, that incorporate that term, including <esselunga.it> and <esselunga.eu>. The Complainant has also been successful in a number of cases under the UDRP including Esselunga S.p.A. v. Carla Giorgi,<\/em> WIPO Case no. D2017-2107 and Esselunga S.P.A. v Wang Lian Feng<\/em> WIPO Case no. D2018-0967.<\/p>\n The Domain Name was registered on 4 August 2023<\/span>. It has not been used for an active website since registration.<\/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 (the \"Domain Name\").<\/p>",
"no_response_filed": " The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>",
"rights": " The Complainant has, to the satisfaction of the Panel, shown the 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 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 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": [
"Matthew Harris"
],
"date_of_panel_decision": "2023-11-13 00:00:00",
"informal_english_translation": " The Complainant is the owner of a number of registered trade marks around the world that comprise or incorporate the term “ESSELUNGA” including<\/span>- European Union Registration n° 013719745, for ESSELUNGA as a word mark first filed on 9 February 2015, in classes 1, 3, 5, 6, 8, 9, 16, 21, 24, 25, 28, 29, 30, 31, 32, 33 and 35.<\/p>",
"decision_domains": {
"esselunga-shop.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}