The Complainant is an Italian company specialized in large-scale organized production and distribution of furniture and furnishing accessories at competitive and accessible prices.<\/p>\n
Founded in 1985 by Giovan Battista Carosi in Civitavecchia, Italy, the Complainant has established itself among the main home furnishings distributors in Italy, with more than 40 points of sales just in Italy, 3 in Spain, 4.000 employees, 6.500 customers every day and net sales of 1.3 billion Euro.<\/p>\n
The Complainant is using the domain name <mondoconv.it> - registered, on March 22, 2000, in the name of IRIS MOBILI Srl, which is part of the MONDO CONVENIENZA group – to promote its products and services online.<\/p>\n
The disputed domain name <mondoconv.com> was registered on June 19, 2011, and currently resolves to a pay-per-click page with sponsored links related to furniture and furnishing accessories. Such links redirect to the Complainant’s official website at “www.mondoconv.it” and to third-party websites advertising and offering furniture for sale.<\/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 the disputed domain name <mondoconv.com> is identical to its registered domain name <mondoconv.it> and confusingly similar to the trademark MONDO CONVENIENZA in which the Complainant has rights as it partially reproduces the trademark, omitting only the final part “enienza” of the mark.<\/p>\n
The Complainant submits that the Respondent has no rights or legitimate interests in the disputed domain name since the Respondent is in no way authorized by the Complainant to use its marks and is not commonly known by the disputed domain name.<\/p>\n
The Complainant also submits that the Respondent is not using the disputed domain name in a legitimate non-commercial or fair manner, since he has used a typosquatted version of the Complainant’s mark, which is simply composed by a fanciful combination of words, and has clearly registered the disputed domain name for the sole scope of misleading potential consumers, to tarnish the Complainant’s trademark and prevent the Complainant from reflecting its trademark in a corresponding domain name.<\/p>\n
Indeed, the Complainant underlines that the Respondent has also failed to use the disputed domain name in connection with a bona fide<\/em> offering of goods or services, since he is using the disputed domain name to publish pay-per-click links related to MONDO CONVENIENZA, including links which redirect users to the Complainant’s official website, whilst capitalizing on the reputation and goodwill of the Complainant’s trademark.<\/p>\n The Complainant claims that the Respondent registered the disputed domain name in bad faith because: i) the disputed domain name is identical to the Complainant’s domain name <mondoconv.it> and confusingly similar to its MONDO CONVENIENZA mark and ii) the disputed domain name is used for the publication of pay-per-click links that inter alia<\/em> redirect to the Complainant’s official website.<\/p>\n The Complainant further states that, due to the Complainant’s world renown, it is highly unlikely that the Respondent was unaware of the Complainant at the time of registering the disputed domain name especially considering the Complainant’s rights in the MONDO CONVENIENZA mark long predate the Respondent’s registration of the disputed domain name.<\/p>\n Lastly, the Complainant contends that the Respondent acted in bad faith also because it concealed its identity by using a privacy service at the time of registering the disputed domain name and has been involved in a prior UDRP proceeding against a different complainant, using the same typosquatting technique. Considering the above, the Complainant submits that the Respondent may have also engaged in a pattern of such conduct since it registered another domain name corresponding to a third-party trademark.<\/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": [
"Luca Barbero"
],
"date_of_panel_decision": "2024-07-12 00:00:00",
"informal_english_translation": " The Complainant has demonstrated ownership of rights in the trademark MONDO CONVENIENZA for the purposes of standing to file a UDRP complaint.<\/p>\n The Complainant is the owner of several trademark registrations for MONDO CONVENIENZA, including the following, as per trademark registration details submitted in Annexes to the Complaint:<\/p>\n - Italian trademark registration No. 302014902275221 for MONDO CONVENIENZA (figurative mark), filed on July 2, 2014, and registered on October 8, 2014, last renewal of the trademark originally filed on August 3, 1994, and registered, with number 689185, on October 14, 1996, in classes 09, 11, 20 and 21;<\/p>\n - European Union trademark registration No. 002635704 for MONDO CONVENIENZA (figurative mark), filed on March 27, 2002, and registered on June 17, 2003, in classes 11, 20, 21, 35 and 39.<\/p>",
"decision_domains": {
"mondoconv.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}