The Complainant, Stefano Ricci S.p.A., was founded in Italy in 1972 and currently is one of the leading companies in the fashion and luxury industry. The Complainant has continuously and extensively used and advertised its trademark in multiple channels including the Internet, making denomination of STEFANO RICCI well-known in many parts of the world. The Complainant‘s menswear collection consists of a wide range of menswear suits, dress shirts, jeans, polo shirts, shoes, casual wear and neckties. In addition, Stefano Ricci S.p.A. produces exclusive cufflinks and leather goods, such as belts, bags and wallets. The brand’s line is expanding with its home collections, in constant evolution, covering various types of products: porcelain and crystal dinner services, silverware, furnishing accessories, luxury linens and leather goods. The Complainant operates 22 boutiques internationally, including the Russian Federation.<\/p>\n
The Complainant also owns domain names corresponding its trademark, including but not limited to <stefanoricci.com>, <stefanoricci.it>, etc.<\/p>\n
The disputed domain name was registered on October 5, 2023, and is currently linked to the Respondent’s website named <elyts.ru> which is displaying copyrighted materials, logos and sponsoring products bearing upon STEFANO RICCI trademark without authorization.<\/p>\n
Two cease and desist letters were sent via email to both the Respondent’s email contact address listed in website corresponding to the domain name and to the owner of the disputed domain name listed in the WHOIS database. There was no answer.<\/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 the requirements of the Policy have been met and that the disputed domain name should be transferred to it.
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 Complainant filed the Complaint in English rather than in Russian (i.e. the language of the registration agreement). Pursuant to paragraph 11(a) of the Rules, unless otherwise agreed by the parties, or otherwise specified in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding. Paragraph 10(b) and (c) of the Rules requires the Panel to ensure that the proceeding takes place with due expedition and that the parties are treated fairly and given a fair opportunity to present their respective cases.<\/p>\n
The Complainant filed its Complaint in English and then requested that English be the language of the proceeding.<\/p>\n
The Complainant noted the following factors supporting English as the fair language of the proceeding: (a) the disputed domain name contains Latin characters and the trademark STEFANO RICCI; (b) the domain name <.pro> is a generic top-level domain in the Domain Name System of the Internet, its name is derived from the English term “professional”, indicating its intended use by certified professionals; (c) the translation of the Complaint into Russian would also cause additional expense and delay, making unfair to proceed in Russian; (d) English is the primary language for business and international relations.<\/p>\n
The Panel agrees with the factors presented by the Complainant and also admits additional important factors in favour of the Complainant’s option of English language for this proceeding: (a) the Respondent has been given the opportunity to present its case in this proceeding and to respond formally to the issue of the language of the proceeding; (b) the Respondent has not responded to the Complainant’s request for a change of the language from Russian to English; (c) the Respondent likely has some understanding of English because he is using English terms in his website menu options (eg. “Evening”, “Plus Size”, “Home”, “Sale”); (d) the Complainant would be unduly disadvantaged by having to proceed in Russian (i.e., by having to arrange and pay for the translation of the Complaint and annexes).<\/p>\n
Considering the above circumstances, the Panel finds that the choice of English as the language of the present proceeding is fair to both parties and is not prejudicial to either one of the parties in his or her ability to articulate the arguments for this case.<\/p>\n
The Panel has also taken into consideration the fact that insisting the Complaint and all supporting documents to be re-filed in Russian would cause an unnecessary burden of cost to the Complainant and would unnecessarily delay the proceeding which would be contrary to Paragraph 10(b) and (c) of the Rules.<\/p>\n
Having considered all the above matters, the Panel determines under paragraph 11(a) of the Rules that (i) it will accept the Complaint and all supporting materials as filed in English; and (ii) English will be the language of the proceeding and the decision will be rendered in English.<\/p>\n
In view of all of the above, 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": [ "Darius Sauliūnas" ], "date_of_panel_decision": "2024-06-25 00:00:00", "informal_english_translation": "
The Complainant is the owner of numerous national and international trademark registrations, eg. international trademark STEFANO RICCI (Reg. No. 407525), in Nice classes 18 and 25, registered since May 27, 1974 (extended in the Russian Federation), international trademark STEFANO RICCI (Reg. No. 1402542) in Nice classes 25, 26, 28, 35, registered since September 7, 2017 (extended in the European Union and in the Russian Federation).<\/p>", "decision_domains": { "stefanoricci.pro": "TRANSFERRED" }, "panelist": null, "panellists_text": null }