Founded in 1526, the Complainant is a prominent, privately held Italian firearms manufacturing company operating in countries around the world and the oldest active manufacturer of firearm components in the world. Nowadays, the Complainant’s firearms are used worldwide for a variety of civilian, law enforcement and military purposes. Sporting arms account for three-quarters of its sales, but it is also renowned for selling other products, such as shooting clothes and accessories. In 2021, Beretta Holding earned Euro 958 million of revenue (of which Euro 250 million was generated by the Complainant. Beretta Holding has more than 3380 employees based not only in Europe but also in Australia, New Zealand, Russia, Turkey, USA and China.<\/p>\n
The disputed domain name <berettafirearmsamerica.com> was registered on 15 July 2023. The disputed domain name resolves to an imitation website, using the Complainant’s trade marks and images, and offering firearms at highly discounted prices. <\/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 all three elements of the UDRP have been fulfilled and it therefore requests the transfer of the disputed domain name to the Complainant.<\/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 trade mark 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": [ "Gregor Kleinknecht LLM MCIArb" ], "date_of_panel_decision": "2024-05-12 00:00:00", "informal_english_translation": "
The Complainant owns a portfolio of word and figurative trade marks consisting of or incorporating the name BERETTA, including the International trade mark BERETTA, registration number 147879, first registered on 7 July 1950 in international classes 8 and 13; the International trade mark BERETTA, registration number 746766, first registered on 8 November 2010 in international class 9; the European Union trade mark BERETTA, registration number 9743543, first registered on 17 February 2011 in international classes 9, 9, 13, 14, 18, 25 and 34; and the European Union trade mark BERETTA, registration number 3801537, first registered on 19 August 2005 in international class 28. The aforementioned trade mark registrations of the Complainant predate the registration of the disputed domain name.<\/p>\n
Furthermore, the Complainant also owns numerous domain names which consist of or incorporate the name BERETTA, including <beretta.com>, first registered on 18 March 1997; <beretta.it>, first registered on 29 August 2014; <berettadefense.com> [sic], first registered on 18 January 2021; and <berettaholding.com>, first registered on 6 August 2012; which are connected to the Complainant's official websites through which it informs Internet users and customers about its products and services.<\/p>\n
Finally, the Complainant also has a prominent presence on social media with channels and pages specifically dedicated to it, for example, on Facebook (https:\/\/www.facebook.com\/BERETTAofficial (1.246.366 followers)); Instagram (https:\/\/www.instagram.com\/berettaofficial (858.000 followers)); Twitter (https:\/\/twitter.com\/Beretta_1526); and YouTube (https:\/\/www.youtube.com\/user\/BerettaVideos).<\/p>", "decision_domains": { "berettafirearmsamerica.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }