FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant states that it is a company founded in December 2019 offering so called “excellence and security in payments services”. The Complainant claims that it makes payment services and transactional operations available thanks to a network of over 45,000 points of sale (such as tobacconists, bars, and newsstands) and modern digital platforms. According to the Complainant, it offers millions of people a so called “phygital” experience, with a wide range of services integrated between physical and digital channels. The Complainant claims to be the first “Proximity Banking & Payments” company in Italy.<\/p>\n
The Complainant provided evidence that it is the owner of the Trademarks as referred to above.<\/p>\n
When visiting the website available through the disputed domain name, the following security warning is displayed: “Misleading site detected - Cybercriminals on mooneyareaclienti-it.com may try to trick you into doing something dangerous, such as installing software or revealing your personal information (such as passwords, phone numbers or credit card details).”<\/em> (English translation)<\/p>\n The disputed domain name <MOONEYAREACLIENTI-IT.COM> was registered on April 4, 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 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 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": [
"Bart Van Besien"
],
"date_of_panel_decision": "2023-12-21 00:00:00",
"informal_english_translation": " The Complainant submitted evidence that it is the owner of the following registered MOONEY trademarks (the “Trademarks”).<\/p>\n - International trademark n. 1547324 “MOONEY”, registered on June 18, 2020, for classes 9, 36, 37, 38 and 42;<\/p>\n - EU trademark n. 018248141 “MOONEY”, filed on June 3, 2020, registered on September 16, 2020, for classes 9, 36, 37 and 38;<\/p>\n - EU trademark n. 018656425 “MOONEY”, filed on February 15, 2022, registered on June 30, 2022, for classes 12, 25 and 41;<\/p>\n - EU trademark n. 018656431 “MOONEY” (combined word figurative trademark), filed on February 15, 2022, registered on July 05, 2022, for classes 12, 25, 36 and 41;<\/p>\n - EU trademark n. 018365022 “MOONEY” (combined word figurative trademark), filed on December 29, 2020, registered on June 03, 2021, for classes 9, 16, 35, 36, 37, 41 and 42;<\/p>\n - Italian trademark n. 302020000038617 “MOONEY”, filed on May 20, 2020, registered on October 7, 2020, for classes 9, 36, 37, 38 and 42.<\/p>\n The Complainant also asserts to be the owner of several domain names bearing the sign “MOONEY” (MOONEY.IT, MOONEY.JP, MOONEY.AR, MOONEY.LU, MOONEY.CO.TH, MOONEYGO.NL, MOONEYGO.DE, MOONEYGO.FI, MOONEYGO.PL, etc.). Since the Complainant did not submit evidence of this claim, this will not be taken into consideration by the Panel.<\/p>",
"decision_domains": {
"MOONEYAREACLIENTI-IT.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}