{ "case_number": "CAC-UDRP-106380", "time_of_filling": "2024-04-02 09:22:44", "domain_names": [ "mutti.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Mutti s.p.a." ], "complainant_representative": "Andrea Mascetti (Barzanò & Zanardo Milano S.p.A.)", "respondent": [ "Web Media Group LLC" ], "respondent_representative": null, "factual_background": "

The Complainant (MUTTI s.p.a.) is a<\/span>n Italian company specialised in preserved food and, p<\/span>articularly, in the tomato field.  MUTTI s.p.a. was<\/span> founded in 1899 in Piazza di Basilicanova, a district in Montechiarugolo<\/span>, in the province of Parma b<\/span>y Callisto and Marcellino Mutti.<\/sup><\/p>\n

The Complainant informs that the “two lions” trademark (MUTTI PARMA device) was registered in 1911 and that the company obtained its first award with the First-Class Gold Medal certificate at the International Industry and Agriculture Exhibition in Rome. In 1914, Mutti obtained the Grand Cross certificate and was enrolled in the Gran Libro d'Oro dei Benemeriti del lavoro.<\/p>\n

The Complainant is the owner of several trademarks consisting of or including MUTTI and it <\/span>is also the owner of the domain name <mutti-parma.com> registered since January 27, 1999 and used in connection with the official website of Mutti s.p.a.<\/span><\/span><\/p>\n

The disputed domain name <\/span>was registered on December 13, 2003 and, according to the Complainant's view, it is not actively used.  <\/p>\n

The Complainant conducted a historic Whois search on <mutti.com>, according to which the first available registrant of the domain name (after its registration on December 2003) is a British company, Loyal Internet Group Ltd that owned <mutti.com> until at least May 14, 2007. Subsequently (February 28, 2008) the disputed domain name was transferred to the Hong Kong company W.D. Group LTD which is the last known owner of the domain name before it was owned by Wed Media Group LLC. On the basis of these information the Complainant assumes that Web Media Group LLC acquired the disputed domain name for sure after February 28, 2008<\/p>\n

The Complainant also notes that the disputed domain name was never used but on 2014 and 2016 it contained links related to the Complainant's trademark and business.  <\/p>\n

The Complainant states that the disputed domain name <mutti.com> is identical to the Complainant trademarks. In particular, in the Complainant's view, the mere fact that a domain name wholly incorporates a Complainant's registered mark is sufficient to establish confusing similarity for purposes of the Policy.<\/span><\/p>\n

The Complainant states that the Respondent is not affiliated with him nor authorized by him in any way. The Complainant states that the Respondent has no right nor legitimate interest in the disputed domain name and it is not related in any way to its business. The Complainant does not carry out any activity for, nor has any business with the Respondent. The Respondent, according to the Whois database, is not commonly known by <mutti.com> or by other names similar to the disputed domain name.<\/span>

According to the Complainant, given the distinctiveness and reputation of MUTTI's business and trademarks worldwide, it is inconceivable that the Respondent could have acquired the disputed domain name without actual knowledge of MUTTI and its rights in such marks.  <\/span><\/p>\n

Finally, it is the Complainant's view that <mutti.com> was acquired for the purpose of selling it to the trademark owner. This is confirmed by the fact that currently the disputed domain name is offered for sale for a very high amount of money.  <\/span><\/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 summarized above.<\/p>\n

\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>\n <\/div>", "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": [ "Guido Maffei" ], "date_of_panel_decision": "2024-04-30 00:00:00", "informal_english_translation": "

The Complainant is the owner, amongst others, of the following trademark registrations:<\/span><\/p>\n

1) MUTTI PARMA (device) International reg. no. 827135 registered on April 30, 2004 in classes 29, 30 and 32 and duly renewed;<\/span><\/p>\n

2) MUTTI EUTM no. 3492402, filed on October 31, 2003, registered on June 6, 2005 in classes 29, 30 and 32 and duly renewed;<\/span><\/p>\n

3) MUTTI PARMA (device) EUTM no. 3502391, filed on October 31, 2003, registered on April 14, 2005, in class 29, 30 and 32 and duly renewed.<\/span><\/p>", "decision_domains": { "mutti.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }