{
    "case_number": "CAC-UDRP-107327",
    "time_of_filling": "2025-03-03 09:46:39",
    "domain_names": [
        "BERETTA-92.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Fabbrica d’Armi Pietro Beretta S.p.A."
    ],
    "complainant_representative": "Claudio Tamburrino (Barzanò & Zanardo Milano S.p.A.)",
    "respondent": [
        "PALKINA YEVANHELINA"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant was founded in 1526 by Mastro Bartolomeo Beretta, Fabbrica d&rsquo;Armi Pietro Beretta and is a privately held Italian firearms manufacturing company operating in several countries. It is the oldest active manufacturer of firearm components in the world.<\/p>\n<p>The Beretta forge was in operation from about 1500, although the first documented transaction is a contract dated 3 October, 1526. By the end of the 17<sup>th<\/sup> century, Beretta had become the second largest gun barrel maker and Beretta has supplied weapons for every major European war since 1650. The Complainant is still family owned.<\/p>\n<p>In the 1980s, Beretta enjoyed a renewal of popularity in North America after its Beretta 92 pistol was selected as the service handgun for the United States Army under the designation of \"M9 pistol\". In the 1970s, Beretta also started a manufacturing plant in S&atilde;o Paulo, Brazil, as a contract between Beretta and the Brazilian government was signed for the production of Beretta 92s for the Brazilian Army until 1980.<\/p>\n<p>The parent company, Beretta Holding, also owns Beretta USA, and acquired several domestic competitors (such as Benelli and Franchi) and some foreign companies, e.g. SAKO, Stoeger, Tikka, Uberti, and the Burris Optics company.<\/p>\n<p>Nowadays Beretta firearms are used worldwide for a variety of civilian, law enforcement and military purposes: Beretta is known for the innovative technology of its products; sporting arms account for three-quarters of sales; however, it is also renown for other products such as the marketing shooting clothes and accessories.<\/p>\n<p>Beretta Holding closed the 2021 with 958 million of Euro of revenue (of which 250 million of Euro has been generated by Fabbrica d&rsquo;Armi Pietro Beretta, https:\/\/www.beretta.com\/it-it\/azienda\/fabbrica-d-armi-pietro-beretta\/azienda) and more than 3380 employees (https:\/\/www.berettaholding.com\/en\/financial-highlights), based not only in Europe but also in Australia, New Zealand, Russia, Turkey, USA and China (https:\/\/www.berettaholding.com\/en\/global-presence).<\/p>\n<p>The Respondent, based in Ukraine, registered the disputed domain name &lt;beretta-92.com&gt; on 11 September 2024.<\/p>\n<p>Its registration was not authorized by Complainant and it is redirected to a web site dedicated to betting services and game apps.<\/p>",
    "other_legal_proceedings": "<p>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>The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. <br \/>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<p>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>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>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": [
        "Udo Pfleghar B.A. (Melb.)"
    ],
    "date_of_panel_decision": "2025-04-11 00:00:00",
    "informal_english_translation": "<p>The Complainant is the registered owner of numerous trademarks and other intellectual property rights and has registered its trademark BERETTA, in many classes of goods and services and in numerous countries, such as,&nbsp;<em>inter alia<\/em>, to the following:<\/p>\n<ul>\n<li>\n<p>International registration No 147879 of 7 July 1950, duly renewed, in classes 8 and 13;<\/p>\n<\/li>\n<li>\n<p>International registration No 746766 of 8 November 2010, in class 9;<\/p>\n<\/li>\n<li>\n<p>International registration No 558880 of 27 July 1990, duly renewed, in classes 8 and 13 and valid also for Ukraine;<\/p>\n<\/li>\n<li>\n<p>European Union registration No 9743543 of 17 February, 2011 in classes 08, 09, 13, 14, 18, 25 and 34;<\/p>\n<\/li>\n<li>\n<p>European Union registration No 3801537 of 19 August, 2005 in class 28, duly renewed.<\/p>\n<\/li>\n<\/ul>\n<p>Moreover, the Complainant is also the owner of several top-level and country code top-level domain names, constituted by the verbal element &lt;BERETTA&gt;, among which are &lt;beretta.com&gt;, &lt;beretta.it&gt;, &lt;berettadefense.com&gt;, &lt;berettaholding.com&gt;.<\/p>\n<p>The Complainant&rsquo;s principal website, where its products and point of sales are advertised, is <a href=\"https:\/\/www.beretta.com\/\">https:\/\/www.beretta.com<\/a>.<\/p>",
    "decision_domains": {
        "BERETTA-92.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}