The Complainant is a large Italian retail store chain, founded in 1957. The Complainant owns several trademark registrations for ESSELUNGA that predate the registration of the disputed domain names. It also owns several domain names that include ESSELUNGA, such as <esselunga.it>, <esselunga.eu> and <esselunga.com>. The Complainant’s principal website where its services and point of sales are advertised, uses the domain name <esselunga.it>. The Complainant is active on social media, including Facebook and Instagram.<\/p>\n
The Respondent registered the disputed domain names on 11 January 2023 using a privacy service. The disputed domain names redirect to parking pages with sponsored links.<\/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
The Complainant asserts that the disputed domain names are confusingly similar to its trademark, ESSELUNGA.<\/p>\n
The Respondent has no rights or legitimate interests in respect of the domain names and asserts that:<\/p>\n
The Complainant asserts that the disputed domain names were registered and are being used in bad faith and states:<\/p>\n
RESPONDENT:<\/p>\n
No administratively compliant Response has been filed.<\/p>\n
<\/p>", "rights": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 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": "
The Complainant requests that the language of proceedings be in English and states that:<\/p>\n
Under paragraph 11 of the Rules, the language of the administrative proceedings is the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise. The Respondent has not challenged the Complainant’s request that the language of the proceedings be English. The Respondent has used the English words “business” and “email” in the disputed domain names. The “Cookie Settings” notice on the webpages linked to the disputed domain names is in English. Considering these factors, the Panel finds that the Respondent has sufficient knowledge of English for the language of the proceeding English.<\/p>\n
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": [ "Veronica Bailey" ], "date_of_panel_decision": "2024-02-20 00:00:00", "informal_english_translation": "
The Complainant owns numerous ESSELUNGA trademarks including:<\/p>\n