The Complainant, Automobili Lamborghini S.p.A., is the well-known Italian sports car manufacturing company, founded in 1963 by Ferruccio Lamborghini. Since 1998, the Complainant is a wholly owned subsidiary of Audi AG, one of the world leading car manufacturers.<\/p>\n
The Complainant owns a number of domain names, including the domain name <lamborghini.com>, registered on 15 September 1996, which hosts its official website, with an interactive webpage, including detailed graphics of its cars, photos and footage, but also showing its merchandise products and customer-oriented services.<\/p>\n
The disputed domain name <lamborghinilatin.com> was registered by the Respondent (from Smile Market Inc.) on June 25, 2023, and redirects to what appears to be the official website of the company Automóviles Lamborghini Latinoamerica S.A. de C.V. (hereinafter - “Automoviles”), a company already known to the Complainant and judicially injuncted for multiple Lamborghini mark infringements. This website displays in the header and footer sections of the pages, a sign constituting a counterfeit version of the Complainant’s mark: “Automóviles Lamborghini Latinoamérica<\/em>” in the cursive lettering adopted for the marks of the Complainant. Moreover, this website is built as a replica of the official website of the Complainant, i.e. the bull and the “Lamborghini” word sign within the shield logo. On the website, Automóviles deceptively claims to be the (authorized) sub-licensor of the LAMBORGHINI trademark. In addition, the website also displays blatantly counterfeit merchandise products (e.g., watches, headphones, gaming tools); for each one of them, there is a downloadable user manual, which also displays the Complainant’s trademark, thus strengthening the non-existent affiliation with the Complainant.<\/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. 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": [
"Darius Sauliūnas"
],
"date_of_panel_decision": "2024-12-24 00:00:00",
"informal_english_translation": " The Complainant is the owner of Italian trademarks LAMBORGHINI, Reg. No. 1606272 (since 3 July 1974) and Reg. No. 326126 (since 21 October 1980), the United States trademark LAMBORGHINI, Reg. No. 1622382 (since 16 January 1990) and the EU trademark AUTOMOBILI LAMBORGHINI Reg No. 013500384 (since 27 November 2014).<\/p>",
"decision_domains": {
"lamborghinilatin.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
No administratively compliant Response has been filed.<\/p>",
"rights": "