{
    "case_number": "CAC-UDRP-106576",
    "time_of_filling": "2024-06-04 08:29:22",
    "domain_names": [
        "pinarello.buzz"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Cicli Pinarello S.r.l."
    ],
    "complainant_representative": "Convey srl",
    "respondent": [
        "ce shi"
    ],
    "respondent_representative": null,
    "factual_background": "<p style=\"text-align: justify;\">The Complainant founded in 1952 as a bike shop in Treviso, Italy, by Giovanni Pinarello, a famous professional bike racer and his brother, Carlo Pinarello; originally the Complainant produced city bikes, but, over the years, the production shifted towards sport bikes, accessories and apparel. In 1957, the Complainant started to supply Padovani, a local bike team. Popularity of the manufacturer grew, and in the sixties, it sponsored many national and international professional teams, included Team Telekom, Bnesto, Del Tongo, Team Sky.<\/p>\n<p style=\"text-align: justify;\">Famous professional cyclists competed using Pinarello bikes over the years, like Fauso Bertoglio, Pedro Delgado, Miguel Indurain, Franco Chioccioli, Bradely Wiggins, and Chris Froome among others. In 2022, Filippo Ganna beat the world Hour record using a Pinarello bike.<\/p>\n<p style=\"text-align: justify;\">The Complainant has distinguished itself in the cycling industry for the innovation and the search for new materials and cutting-edge technology to make its bicycles fastest.<\/p>\n<p style=\"text-align: justify;\">The Complainant&rsquo;s bikes have been sold in over 50 countries around the world; counts with a worldwide distributors network. The Complainant is a favorite of Tour de France riders and has provided bikes to 12 Tour winners.<\/p>\n<p style=\"text-align: justify;\">By today, the Complainant produces many bicycles for the road, track, E-bikes (NYTRO), mountain bikes and cyclo-cross, and even an in-house component brand &ndash; MOST.<\/p>\n<p style=\"text-align: justify;\">Ahead of the Paris 2024 Olympic games, the Complainant rolled out new 3D printed models of bikes, that will be used by the Italian team to compete in the upcoming games.<\/p>\n<p style=\"text-align: justify;\">The Complainant also owns the following domain names, which includes the Trademark PINARELLO, being: &lt;pinarello.it&gt;, registered on July 12, 1996; &lt;pinarello.com&gt; registered on May 29, 2014, and the following ones: &lt;ciclipinarello.com&gt;, &lt;ladiespinarello.com&gt;, &lt;lapinarello.com&gt;, &lt;lapinarello.it&gt;, &lt;pinarello.org&gt;, &lt;pinarello.ski&gt;, &lt;pinarellogroup.it&gt;, &lt;pinarellotravel.com&gt;, &lt;pinarellotravel.it&gt;, &lt;teamgfpinarello.com&gt;, &lt;teampinarello.com&gt;, and &lt;teampinarello.it&gt;.<\/p>\n<p style=\"text-align: justify;\">The Complainant is also active on the main Social Media, as Facebook, Instagram, YouTube, Twitter and Strava.<\/p>\n<p style=\"text-align: justify;\">The disputed domain name &lt;<strong>pinarello.buzz<\/strong>&gt; was registered on April 19, 2024, and resolves to an inactive website.<\/p>",
    "other_legal_proceedings": "<p style=\"text-align: justify;\">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": "<p><u>Complainant Contentions<\/u>:<\/p>\n<ul>\n<li style=\"text-align: justify;\">Regarding the first element of the Policy, in summary, the Complainant contends that the disputed domain name &lt;pinarello.buzz&gt; is identical to the famous Trademark PINARELLO, which it is reproduced in the disputed domain name.<br \/><br \/><\/li>\n<li style=\"text-align: justify;\">Regarding the second element of the Policy, in summary, the Complainant contends that the Respondent is not a licensee, authorized agent of the Complainant or in any other way authorized to use Complainant&rsquo;s trademarks; that the Respondent is not an authorized reseller of the Complainant and has not been authorized to the registration and use of the disputed domain name; that upon the Complainant&rsquo;s information and belief, the Respondent is not commonly known by the disputed domain name as individual, business or other organization and its family name does not correspond to PINARELLO or the disputed domain name; that the Respondent was indeed using the disputed domain name&rsquo;s website in connection with the sale of counterfeit products bearing the Complainant&rsquo;s trademarks, which cannot be considered neither a <em>bona fide<\/em> offering of goods or services nor a legitimate non-commercial or fair use of the disputed domain name; that the disputed domain name carries a high risk of implied affiliation.<br \/><br \/><\/li>\n<li style=\"text-align: justify;\">Regarding the third element of the Policy, in summary, the Complainant contends that the disputed domain name was registered in bad faith, since the trademark PINARELLO has a strong reputation and is widely known in the sector of the cycling industry; that given the Complainant&rsquo;s trademark registration and intensive use of the sign PINARELLO since 1952, the Respondent could not have possibly ignored the existence of the Complainant&rsquo;s trademark; that the disputed domain name&rsquo;s website, where the Respondent offered counterfeit products bearing the Complainant&rsquo;s trademark, there was no disclaimer informing the users as to the Respondent&rsquo;s lack of relationship with the Complainant, creating the impression that it was authorized by the Complainant; that the disputed domain name is being used in bad faith, since the Respondent used it to offer counterfeit product based in the Complainant; that on May 10, 2024, the Complainant sent a Cease and Desist Letter to the Respondent which was never replied, but after such date, the disputed domain name resolves to a website displaying solely the following text: &ldquo;P***8 This store is under construction.&rdquo;, with it, implicitly demonstrating that the Respondent has recognized to be infringing upon the Complainant&rsquo;s rights.<\/li>\n<\/ul>\n<p><strong>Response<\/strong><\/p>\n<p>The Respondent did not reply to any of the Complainant's contentions.<\/p>",
    "rights": "<p style=\"text-align: justify;\">The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical 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": "<p style=\"text-align: justify;\">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": "<p style=\"text-align: justify;\">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": "<p style=\"text-align: justify;\">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": [
        "María Alejandra López García"
    ],
    "date_of_panel_decision": "2024-07-04 00:00:00",
    "informal_english_translation": "<p style=\"text-align: justify;\">The Complainant is an Italian racing-bike producer founded in 1952 in Treviso, Italy, by Giovanni Pinarello, a famous professional bike racer and his brother, Carlo Pinarello. Famous professionals&rsquo; cyclists use the Complainant&rsquo;s bikes for relevant international races.<\/p>\n<p>The Complainant owns the following trademarks:<\/p>\n<ul>\n<li style=\"text-align: justify;\">International Trademark PINARELLO (word mark), Reg. No. 479435, in International Classes (&ldquo;ICs&rdquo;) 12, 18 and 25, registered on September 19, 1983, and in force until September 19, 2033;<br \/><br \/><\/li>\n<li style=\"text-align: justify;\">International Trademark P PINARELLO AND DESIGN, Reg. No. 1513828, in ICs 12, 18 and 25, registered on October 17, 2019, and in force until October 17, 2029;<br \/><br \/><\/li>\n<li style=\"text-align: justify;\">International Trademark P AND DESIGN, Reg. No. 1117694, in ICs 9, 12, 18, 25, registered in October 20, 2011, and in force until October 20, 2031.<\/li>\n<\/ul>",
    "decision_domains": {
        "pinarello.buzz": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}