FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant is an Italian company established in 1812, specializing in cured meats and charcuterie, and producing a range of Italian products including prosciutto, salami, and pancetta. The Complainant represents its business online through a website using the domain name <fratelliberetta.com> (registered on February 20, 1999), and maintains a designated website for its presence in the United States of America using the domain name <fratelliberettausa.com> (registered on May 25, 1999). The Complainant’s “Fratelli Beretta” brand has become highly recognized, in particular due to its multiple sponsorships in the sports sector, including Italian football teams Torino FC, Juventus, Inter Milan, and AC Milan, as well as English Premier League team Everton. The Complainant’s brand also supports the Italian national handball team and teams in basketball and volleyball.<\/p>\n
The Complainant is the owner of registered trademarks for the mark FRATELLI BERETTA 1812, including that noted in the Identification of Rights section above.<\/p>\n
According to the corresponding record, the disputed domain name was registered on January 20, 2025. There is no active website associated with the disputed domain name. The Respondent appears to be a private individual with an address in the United States of America.<\/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 disputed domain name is confusingly similar to the Complainant’s trademark in that it incorporates a common, obvious, or intentional misspelling of such trademark, while retaining sufficiently recognizable elements of the mark. The disputed domain name also mimics the Complainant’s official domain name for its website in respect of its United States of America presence. The disputed domain name substitutes the letter “i” for the similar appearing letter “l” in two characters to create a likelihood of confusion via a subtle misspelling. The addition of the term “usa” in the disputed domain name references the Complainant’s activities in the United States of America.<\/p>\n
There is no evidence that the Respondent has used, or made demonstrable preparations to use, the disputed domain name in connection with a bona fide offering of goods or services before notice to it of the dispute. The Respondent is neither commonly known by the disputed domain name nor holds any trademark corresponding thereto. The Complainant has not granted any license or authorization to the Respondent to use the Complainant’s said trademark, or to apply for registration of the disputed domain name. The disputed domain name incorporates an intentional typographical variation of the Complainant’s trademark, designed to confuse users and exploit the Complainant’s goodwill. The inactive or potentially harmful state of the disputed domain name reinforces the conclusion that the Respondent lacks any legitimate purpose for its registration or use. The disputed domain name includes the letters “usa” referring to the Complainant’s activities in the United States of America and creating a false impression of affiliation.<\/p>\n
Bad faith can be found under the Policy in circumstances where the disputed domain name is being passively held, given the distinctiveness and reputation of the Complainant’s trademark, the lack of response from the Respondent, and the lack or implausibility of any actual or contemplated good faith use of the disputed domain name by the Respondent. The inactivity of the disputed domain name coupled with the status of the Complainant’s mark indicates bad faith on the Respondent’s part. It is inconceivable that the disputed domain name could have been registered without knowledge of the Complainant and its rights due to the typographical variation of the Complainant’s mark therein and the fact that a corresponding Google search discloses the Complainant’s interests (evidence provided).<\/p>\n
The registration of the disputed domain name, being a clear typographical variant of the Complainant’s trademark, suggests an intent to mislead users into believing that there is an affiliation with the Complainant. This tactic, commonly referred to as “typosquatting”, is inherently deceptive and constitutes bad faith use. The Respondent’s choice to conceal its identity through a privacy shield further evidences bad faith when combined with other factors such as the well-known status of the Complainant’s trademark and the lack of any conceivable legitimate use of the disputed domain name. The Respondent has contravened paragraph 4(b)(iv) of the Policy. The Respondent has violated the terms of its undertaking under paragraph 2 of the Policy due to its registration of a typosquatted domain name. The inactive nature of the disputed domain name causes unfair detriment to the Complainant.<\/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": [ "Andrew Lothian" ], "date_of_panel_decision": "2025-02-27 00:00:00", "informal_english_translation": "
Among others, the Complainant is the owner of the following registered trademark:<\/p>\n
United States of America Registered Trademark Number 2178516 for the device and word mark FRATELLI BERETTA 1812, registered on August 4, 1998 in Classes 29 and 30.<\/p>", "decision_domains": { "frateiiiberettausa.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }