FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant submits that is a company that started its business in 2019 in the field of payment services. The Complainant points out that it operates with a network of over 45,000 points of sale and with digital platforms. The Complainant states that it has become the first proximity banking and payments company in Italy.<\/p>\n
The Complainant submits that it is the owner of some trademarks for the word \"MOONEY\", as well as of some domain names which include the word \"MOONEY\", like for example \"MOONEY.IT\", \"MOONEY.JP\", \"MOONEY.AR\", \"MOONEY.LU\", \"MOONEY.CO.TH\", \"MOONEYGO.NL\", \"MOONEYGO.DE\", \"MOONEYGO.FI\", \"MOONEYGO.PL\".
The Complainant considers that the domain name at issue is identical, or at least confusingly similar to the Complainant’s trademarks because it exactly reproduces the trademark \"MOONEY\", with the mere addition of the term \"FINANZA\", which means \"FINANCE\" in Italian.<\/p>\n
The Complainant argues that the Respondent has no rights on the disputed domain name, and any use of the trademarks “MOONEY” has to be authorized by the Complainant.<\/p>\n
The Complainant points out that nobody has been authorized or licensed to register or use the disputed domain name.
The Complainant underlines that the disputed domain name does not correspond to the name of the Respondent and, to the best of the Complainant's knowledge, the Respondent is not commonly known as “MOONEY-FINANZA”.
The Complainant adds that it does not find any fair or non-commercial uses of the disputed domain name.<\/p>\n
The Complainant’s submits that its trademark “MOONEY” is distinctive and well known all around the world and argues that the fact that the Respondent has registered and is using a domain name that is confusingly similar to it indicates that the Respondent had knowledge of the Complainant’s trademark at the time of registration of the disputed domain name.<\/p>\n
The Complainant observes that if the Respondent had carried out even a basic search on a search engine in respect of the wording “MOONEY”, the same would have yielded obvious references to the Complainant, and considers that it is more than likely that the disputed domain name would not have been registered if it were not for Complainant’s trademark.
The Complainant adds that the disputed domain name is not used for any bona fide offerings; on the contrary, by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his web site, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his web site.
The Complainant asserts that the disputed domain name is connected to a website sponsoring financial services and reproducing the layout, the colors and some images of the Complainant’s official website.
The Complainant believes that Internet users, while searching for information on the Complainant’s services, are confusingly led to the websites of the Respondent.
The Complainant deems that the Respondent has registered and is using the disputed domain name in order to intentionally divert traffic away from the Complainant’s web site and to gain advantage from the Complainant’s activity, investments and reputation.<\/p>\n
The Complainant argues that the current use of the disputed domain name causes great damages to the Complainant, due to the misleading of their present clients and to the loss of potential new ones.<\/p>\n
<\/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´s contentions are summarised above.<\/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": [ "Michele Antonini" ], "date_of_panel_decision": "2024-03-03 00:00:00", "informal_english_translation": "
The Complainant is the registrant of some registered trademarks for the word “MOONEY”, including:<\/span><\/p>\n - the international trademark registration No. 1547324 “MOONEY”, registered on June 18, 2020, for goods and services in classes<\/span> 9, 36, 37, 38 and 42;
- the EU trademark registration No. <\/span> 018248141 “MOONEY”, registered on September 16, 2020, for goods and services in classes<\/span> 9, 36, 37 and 38;
- the EU trademark registration No. <\/span> 018656425 “MOONEY”, registered on June 30, 2022, for goods and services in classes<\/span> 12, 25 and 41;
- the EU trademark registration No. <\/span>018365022 “MOONEY”, registered on June 03, 2021, for goods and services in classes<\/span> 9, 16, 35, 36, 37, 41 and 42.
The disputed domain name was registered by the Respondent on December 19, 2023.<\/span><\/p>",
"decision_domains": {
"MOONEY-FINANZA.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}