FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT<\/p>\n
The Complainant, founded in 1985, is an Italian company specializing in large-scale organized distribution of furniture and furnishing accessories at competitive costs accessible to all.<\/p>\n
The Complainant is one of the main distributors of home furnishings in Italy. The Complainant has more than 40 sales points in Italy and 3 in Spain, more than 4,000 employees, 6,500 daily customers and sales of EUR 1.3 bn.<\/span><\/p>\n The disputed domain name <mondoconvenienza.website> was registered on November 17, 2023<\/span>.<\/p>\n The disputed domain name is currently inactive. From the submissions provided by the Complainant it appears that previously (i.e. at the time the complaint was filed) the disputed domain name <\/span>redirected to an ICANN page announcing that the domain name was pending ICANN verification. However, in the WHOIS data the domain status was not indicated as suspended.<\/span><\/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 The Complainant contends that:<\/p>\n The Complainant contends that the disputed domain name is identical to its trademark, as it is solely composed of the words MONDO and CONVENIENZA<\/span>.<\/p>\n The Complainant contends that the Respondent is not commonly known by the disputed domain name and that the Respondent is not affiliated with or authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and is not related to the Complainant’s business in any way. The Complainant does not carry out any activity for, nor has any business dealings with, the Respondent. <\/p>\n The Complainant contends that owing to the distinctiveness of the Complainant’s trademark and reputation, it is inconceivable that the Respondent could have registered the disputed domain name without actual knowledge of the Complainant's rights in the MONDO CONVENIENZA trademark.<\/p>\n As concerns bad faith use, the Complainant notes that the Respondent is passively holding the disputed domain name. The Complainant, quoting Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003, claims that the passive holding of a domain name can, in certain circumstances, constitute bad faith use. The Complainant lists the circumstances of the present case as follows: <\/span><\/p>\n (i) the Complainant’s trademark is highly distinctive and widely known; The Complainant thus states that the above circumstances show that the Respondent's passive holding amounts to acting in bad faith. <\/span><\/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": [
"Fabrizio Bedarida"
],
"date_of_panel_decision": "2024-06-03 00:00:00",
"informal_english_translation": " The Complainant is the owner of several « MONDO CONVENIENZA » trademarks, including the following:<\/span><\/p>\n Italian trademark MONDO CONVENIENZA (device) No. 0000689185, registered on October 14, 1996;<\/span><\/p>\n Italian trademark MONDO CONVENIENZA (device) No. 0001609623, registered on October 8, 2014;<\/span><\/p>\n European trademark MONDO CONVENIENZA (device) No. 002635704, registered on June 17, 2003.<\/span><\/p>\n The Complainant is also the owner of inter alia<\/em> the domain name <mondoconvenienza.com><\/span>.<\/p>",
"decision_domains": {
"MONDOCONVENIENZA.WEBSITE": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}\n
\n
\n
(ii) MONDO CONVENIENZA is a fanciful combination of words, strictly related to the Complainant's business (it is the company name). As a consequence, it is hardly conceivable that use of the disputed domain name would not infringe the Complainant's rights;
(iii) the disputed domain name is not being used and, to the best of the Complainant’s knowledge, it never has been used;
(iv) the Respondent's contact details are redacted. Previous panels have considered such circumstance as an indication of bad faith in combination with other elements;<\/span><\/p>\n