{ "case_number": "CAC-UDRP-107145", "time_of_filling": "2024-12-16 14:31:35", "domain_names": [ "lapetiterobedichiaraboni.shop" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ " Chiara Boni & Sons S.r.l. " ], "complainant_representative": "Claudio Tamburrino (Barzanò & Zanardo Milano S.p.A.)", "respondent": [ "Le Ke" ], "respondent_representative": null, "factual_background": "

A<\/strong>. Complainant's Factual Allegations<\/strong><\/p>\n

The Complainant is known as 'Chiara Boni La Petite Robe'. The brand derives its name from its founder, Chiara Boni, who began her design career in 1971 in Florence, Italy. In 1985, she established a partnership with the Gruppo Finanziario Tessile, resulting in the formation of 'Chiara Boni S.p.A'. The Complainant specialises in high-quality prêt-à-porter <\/em>collections for women, leveraging collaborations with renowned stylists.<\/p>\n

The introduction of the trade mark 'La Petite Robe' in 2007 highlighted innovative garments made from stretch fabrics, which gained international recognition. Chiara Boni has expanded her brand through significant participation in prestigious fashion shows and has successfully entered global markets, particularly in the United States. The Complainant has seen robust growth, reporting a turnover of approximately 14.2 million EUR in 2021, with a wide distribution of products through both physical boutiques and major online platforms.<\/p>\n

B<\/strong>.<\/span> Respondent<\/strong>'<\/span>s Factual Allegations<\/strong><\/p>\n

The Respondent has failed to submit a Response in this UDRP administrative proceeding, resulting in the Complainant's allegations remaining unchallenged.<\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or concluded legal proceedings concerning the domain name <lapetiterobedichiaraboni.shop> ('the disputed domain name').<\/p>", "no_response_filed": "

A<\/strong>. Complainant<\/strong>'s Submissions<\/strong><\/p>\n

A<\/strong>.1 Preliminary Issue<\/strong> - <\/strong>Language of the Proceeding Request<\/strong><\/p>\n

With respect to the language of the proceedings, the Panel notes the following:<\/p>\n

• <\/span>The Complaint is submitted in English and the Complainant has made a request that English be the language of this UDRP administrative proceeding;<\/p>\n

• <\/span>According to the registrar's verification response ('the RVR'), the language of the registration agreement for the disputed domain name <lapetiterobedichiaraboni.shop> is Chinese; and<\/p>\n

• <\/span>The Complainant's grounds for English to be the language of this UDRP administrative proceeding can be summarised as follows: (i) neither the Complainant nor its representatives understand Chinese; (ii) translating the Complaint and its annexes would impose undue burden and expense and would unnecessarily prolong the proceedings, contrary to the expedited nature of the UDRP process; and (iii) the abusive use of the disputed domain name has already caused significant damage to the Complainant's reputation, such that any delays would further exacerbate these damages. <\/p>\n

A<\/strong>.2 Substantive grounds<\/strong><\/p>\n

The Complainant's contentions can be summarised as follows.<\/p>\n

A<\/strong>.2<\/strong>.1 The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The comparison of the disputed domain name with the trade mark CHIARA BONI reveals evident confusing similarity. The only distinction lies in the reversal of word order and the addition of the Italian preposition 'di'. Such alterations do not diminish the distinctive character of the Complainant's trade mark. Moreover, the website associated with the disputed domain name reinforces this confusion by displaying the trade mark CHIARA BONI without authorisation. Hence, the first requirement of the UDRP Policy is satisfied.<\/p>\n

A<\/strong>.2<\/strong>.2 The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The Complainant asserts that the Respondent lacks rights or legitimate interests in the disputed domain name. There is no relationship between the Parties, nor has the Respondent secured approval to use the Complainant's trade mark. The disputed domain name is employed to impersonate the Complainant by displaying the trade mark CHIARA BONI without authorisation, thereby evidencing a lack of bona fide<\/em> use. <\/p>\n

A<\/strong>.2<\/strong>.3 The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

The registration and use of the disputed domain name occurred in bad faith. Given the notoriety of the trade mark CHIARA BONI, it is inconceivable that the Respondent was unaware of the Complainant's rights at the time of registration of the disputed domain name. Moreover, the website at the disputed domain name directs Internet users to counterfeit products, undermining the Complainant's reputation.<\/p>\n

A<\/strong>.2<\/strong>.4 Relief sought<\/strong><\/p>\n

The Complainant requests that the disputed domain name be transferred to it.<\/p>\n

B<\/strong>. <\/span>Respondent<\/strong>'<\/span>s Submissions<\/strong><\/p>\n

The Respondent has defaulted in this UDRP administrative proceeding, failing to advance any substantive defence.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP Policy).<\/p>", "procedural_factors": "

1<\/strong>. <\/span>Complainant<\/strong>'<\/span>s Language Request<\/strong><\/p>\n

The Panel is afforded discretion under Rule 11 of the UDRP Rules to determine the appropriate language of the UDRP administrative proceeding. The Panel notes Rule 10 of the UDRP Rules, which vests the Panel with authority to conduct the proceedings in a manner deemed appropriate while ensuring equality for both parties and granting each a fair opportunity to present its case.<\/p>\n

In this matter, the Panel adopts the language of proceeding test applied in CAC Case no. 104144, Writera Limited v. alexander ershov<\/em>, which outlines the following guiding factors:<\/p>\n

(i) Language of the disputed domain name string<\/strong>: this factor is immaterial given that the disputed domain name contains French and Italian words only;<\/p>\n

(ii) Content of the Respondent<\/strong>'s website<\/strong>: the Respondent's website does not hold any content, rendering this factor likewise immaterial;<\/p>\n

(iii) Language of the Parties<\/strong>: the Complainant is incorporated in Italy, while the Respondent appears to be based in China. English would therefore be considered a common or neutral language for both Parties;<\/p>\n

(iv) Respondent<\/strong>'s behaviour<\/strong>: the Respondent has shown no inclination to participate in this UDRP administrative proceeding;<\/p>\n

(v) Panel<\/strong>'s overall concern with due process<\/strong>: the Panel has fulfilled its duty under Rule 10 (c) of the UDRP Rules; and<\/p>\n

(vi) Balance of convenience<\/strong>: the determination of English as the language of this UDRP administrative proceeding is unlikely to cause the Respondent inconvenience. Conversely, a determination of Chinese would likely cause considerable inconvenience to the Complainant and impede expedition under the UDRP Rules.<\/p>\n

In view of the above factors, the Panel has decided to accept the Complainant's language request, thereby making the decision in English.<\/p>\n

2<\/strong>. Miscellaneous<\/strong><\/p>\n

The Panel is satisfied that all procedural requirements under the UDRP have been duly met, with no grounds preventing a decision from being issued. <\/p>", "decision": "Accepted", "panelists": [ "Yana Zhou" ], "date_of_panel_decision": "2025-01-14 00:00:00", "informal_english_translation": "

The Complainant, Chiara Boni & Sons, asserts rights to the following registered trade marks:<\/p>\n

• <\/span>EU trade mark registration no. 014671689, registered on 9 March 2016, for the figurative mark CHIARA BONI La Petite Robe, in classes 3, 18, 25, and 35 of the Nice Classification;<\/p>\n

• <\/span>International trade mark registration no. 1286255, registered on 15 October 2015, designating, inter alia<\/em>, China, for the figurative mark CHIARA BONI La Petite Robe, in classes 3, 18, 25, and 35 of the Nice Classification;<\/p>\n

• <\/span>Italian trade mark registration no. 2015000060159, registered on 26 October 2018, for the figurative mark CHIARA BONI La Petite Robe, in classes 3, 18, 25, and 35 of the Nice Classification;<\/p>\n

• <\/span>Chinese trade mark registration no. 5570767, registered on 14 October 2009, for the word mark CHIARA BONI, in class 25 of the Nice Classification.<\/p>\n

The aforementioned trade marks shall be referred to as 'the Complainant's trade mark' or 'the trade mark CHIARA BONI'. Furthermore, the Complainant owns several domain names incorporating the name 'Chiara Boni', notably <chiaraboni.com>, registered in 2011; and <chiaraboni.eu>, registered in 2010.<\/p>\n

The disputed domain name was registered on 5 November 2024 and does not currently resolve to an active website (for present purposes, 'the Respondent's website').<\/p>", "decision_domains": { "lapetiterobedichiaraboni.shop": "TRANSFERRED" }, "panelist": null, "panellists_text": null }