{ "case_number": "CAC-UDRP-106178", "time_of_filling": "2024-01-29 10:54:35", "domain_names": [ "milanocortina2026.live" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Fondazione Milano Cortina 2026" ], "complainant_representative": "Lucia Granieri (De Simone & Partners S.p.A.)", "respondent": [ "Vetrya S.p.A." ], "respondent_representative": null, "factual_background": "

FACTS PROVIDED BY THE COMPLAINANT:<\/strong><\/p>\n

The Complainant is the Organizing Committee of the Winter Olympics and Paralympics Games to be held in Italy in 2026 (hereinafter “Games”) and oversees regulating, supervising and managing all matters related to the Games and up to 2026 is within the Italian territory the representative of the International Olympic Committee (“IOC”) in relation to all the Olympic Properties.<\/p>\n

In accordance with the Complainant, the joint application for hosting the Games in 2026 in Italy was officially accepted by the IOC under the name of “MILANO CORTINA 2026”. Therefore, the trademark MILANO CORTINA 2026 is unanimously associated with the 2026 Olympic and Paralympic Games.<\/p>\n

For the first time in 123 years from the first edition of the modern Olympic Games of 1896 in Athens, it was accepted a joint candidature of two cities. So, it is even more true that the specific combination of the terms MILAN + CORTINA and 2026 is unequivocally linked to the candidature and to this edition of the Olympics and must be considered distinctive.<\/p>\n

The Complainant is the owner of the Italian trademark (word mark) MILANO CORTINA 2026 as well as two Italian figurative trademarks including the term MILANO CORTINA 2026. In addition, the Complainant is the owner of different domain names including the term MILANO CORTINA 2026, such as <2026milanocortina.com>, <2026milanocortina.net>, among many others.<\/p>\n

The disputed domain name <milanocortina2026.live > (hereinafter, the “Disputed Domain Name”) was registered on August 1, 2018 and it resolves to an inactive website.<\/p>\n

According to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the Disputed Domain Name and he is not related in any way to the Complainant’s business.<\/p>\n

For the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the Disputed Domain Name and that the language of the registration agreement is English.<\/p>\n

Respondent did not reply to the Complaint.<\/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:<\/p>\n

First element: Similarity<\/p>\n

The Complainant confirms that the Disputed Domain Name <milanocortina2026.live<\/strong>> is identical to its trademarks MILANO CORTINA 2026®.<\/p>\n

The Complainant states that Olympics are a renowned event and the candidature process \/ the candidature selection of a candidate cities, due the immediate and global coverage of press and media, becomes instantly internationally well- know. The related trademark(s) become as well instantly distinctive sign(s), as virtually any user, from the time when the candidature of a city is disclosed, will associate the trademark CITY+YEAR to the candidature and later, if the city is \/ the cities are chosen, will associate the trademark CITY+YEAR to the Games, as it happened to the winter Games of 2026 allocated to Italy.<\/p>\n

The Complainant further indicates that internet users will be definitely confused into believing that there is some affiliation, connection, sponsorship approval or association between the Complainant and the Respondent, when in fact there is no such relationship.<\/p>\n

Furthermore, the Complainant states that it has never licensed, authorized, or otherwise permitted the Respondent to register domain names incorporating its trademarks, nor to make use of its trademarks in order to distinguish any business. This is even more true, since the Disputed Domain Name includes a direct reference to the trademark of the Complainant, since the combination of these two specific cities MILANO and CORTINA together with 2026 is nowadays universally and undoubtedly linked to the Italian 2026 winter Games. Thus, likelihood of confusion, is manifest.<\/p>\n

Furthermore, the Complainant contends that the applicable top-level suffix in the Disputed Domain Name (e.g., \".live\") would usually be disregarded under the confusing similarity test (as it is a technical requirement of registration).<\/p>\n

Second element: Rights or legitimate interest<\/p>\n

The Complainant claims that the Respondent has no right or legitimate interests in respect of the Disputed Domain Name<\/p>\n

The Complainant asserts that there is no evidence at all that the Disputed Domain Name at issue is legitimately associated to a third party known through it. Indeed, it is believed that the Registrant has no rights or legitimate interest with respect to the MILANO CORTINA 2026 trademark and its registration as a domain name. For the Complainant, this is a typical case of abusive registration, as arbitrarily and abusive is the use of the other Complainant’s trademarks in the contents of the corresponding web sites.<\/p>\n

Finally, the Complainant states that there is no evidence either of a bona fide offering of goods and services, on the contrary bad faith is clearly proved (the web site is even a non-secure website so threatening the reputation and reliability of the Complainant and its web contents). Finally, the use of the Disputed Domain Name corresponding to the Complainant’s trademark (s) has not been licensed or otherwise authorized.<\/p>\n

Third element: Bad faith<\/p>\n

The Complainant indicates that it is widely known that the pattern \"city + year\" is internationally synonymous with the Games and is a distinctive sign instantly capable of indicating to consumers the Olympic origins of the goods and services bearing the that sign. Besides, special protection is granted by the law to the Olympic and Paralympics Signs and in general to global renown sport signs such as MILANO CORTINA 2026, no matter whether they are registered or not, because of immediate brand awareness among consumers independently from formal registration. In order to reinforce this protection then, more than often the right holders also chose to register those signs as a trademark.<\/p>\n

In addition, the Complainant contends that the Disputed Domain Name was unlawfully registered exactly when Italy (and the cities of Milan and Cortina d’Ampezzo) made official their decision to candidate themselves to host the Winter Games of 2026, as evidenced by the press; i.e. August 1, 2018. In this context, the Complainant asserts that this coincidence cannot be disregarded and gives a clear clue that the Respondent could not be unaware of the Complainant when they registered the Disputed Domain Name and indeed, they registered it clearly in bad faith.<\/p>\n

The Complainant also claims that the Respondent, has registered “milanocortina2026.live” evidently in order to prevent the legitimate owner of the trademark rights over the sign MILANO CORTINA 2026 to register a corresponding principal domain name, such as the .live and in order to take advantage of the possible confusion between the Disputed Domain Name and any potential Milano Cortina 2026 future rights over the sign MILANO CORTINA 2026.<\/p>\n

The Complainant also indicates that the Disputed Domain Name was registered, with no willingness to lawfully use it since it is currently devoid of any legitimate contests (and six years have passed after registration). Therefore, it can be reasonably believed that the Respondent registered and maintained <milanocortina2026.live> in bad faith in order to ride the coattail and make his fortune on the strength of a possible confusion\/association between the Disputed Domain Name and the Milano Cortina 2026 rights over the sign MILANO CORTINA 2026.<\/p>\n

Furthermore, as the Disputed Domain Name corresponds to the Complainant’s trademark(s), it is so obviously connected to the Complainant that its very use by someone with no connection with the Complainant suggests opportunistic bad faith.<\/p>\n

The Complainant claims that negotiation could not be carried on by the Respondent since they did not reply to the communication sent by the Respondent in order to find a settlement agreement. Finally, the Complainant confirmed that the Disputed Domain Name <milanocortina2026.live> is not being actively used by the Respondent, as it has no contents, as mentioned above. In this regard, the Complainant explained the position of past panels in the sense that the apparent lack of so-called active use (e.g. to resolve to a website) of the domain name without any active attempt to sell or to contact the trademark holder (passive holding), it still gives the Panel the obligation to examine all the circumstances of the case to determine whether the Respondent is acting in bad faith. Examples of what may be cumulative circumstances found to be indicative of bad faith include, among others, the Complainant having a well-known and reputed trademark (as this is the case) and whether a response to the Complaint has been filed or not.

<\/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": [ "Victor Garcia Padilla" ], "date_of_panel_decision": "2024-03-01 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following Italian trademarks:<\/p>\n

- Registration No. 302018000034117 for the trademark MILANO CORTINA 2026 (word mark) filed on October 26, 2018 and registered on May 23, 2019 at all 45 classes of the Nice Classification;<\/p>\n

- Registration No. 302021000056483 for the trademark MILANO CORTINA 2026 (figurative) filed on March 29, 2021 and registered on February 6, 2023 at all 45 classes of the Nice Classification;<\/p>\n

- Registration No. 302021000065576 for the trademark MILANO CORTINA 2026 (figurative) filed on April 9, 2021 and registered on October 23, 2022.<\/p>\n

In addition, the Complainant owns different domain names including the term MILAANO CORTINA such as <2026milanocortina.com>, <2026milanocortina.net>, among many others.<\/p>", "decision_domains": { "milanocortina2026.live": "TRANSFERRED" }, "panelist": null, "panellists_text": null }