{ "case_number": "CAC-UDRP-107544", "time_of_filling": "2025-05-13 11:32:57", "domain_names": [ "esselungadigital.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Esselunga S.p.A. " ], "complainant_representative": "Andrea Mascetti (Barzanò & Zanardo Milano S.p.A.)", "respondent": [ "Mauro Rossi" ], "respondent_representative": null, "factual_background": "

The Complainant, Esselunga S.p.A. is an Italian retail store chain, founded in 1957. The Complainant has provided evidence of ownership of trademark registrations for the mark “ESSELUNGA\".<\/p>\n

The disputed domain name was registered on 24 January 2025 and resolves to an error page.<\/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<\/strong><\/p>\n

The disputed domain name is confusingly similar to the Complainant’s trademark ESSELUNGA and its domain names. The Complainant contends that the disputed domain name exactly reproduces the well-known trademark “ESSELUNGA”, with the mere addition of the Italian term “digital”.<\/p>\n

 Per the Complaint, the Respondent is not known by the disputed domain name. The Complainant contends that Respondent is not affiliated with nor authorized by the Complainant in any way and that Respondent has no rights or legitimate interests in respect of the disputed domain name. The Respondent does not use the disputed domain name for legitimate or non-commercial fair use, per the Complainant.<\/p>\n

 As regards the bad faith of the Respondent, the disputed domain name includes the distinctive trademarks ESSELUNGA. It is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant's trademark. The inactive use of a domain name does not prevent a finding of bad faith registration and use, per the Complainant which claims that the Respondent registered the disputed domain name to capitalize on the reputation of Complainant's trademark by diverting Internet users seeking information about this distinctive sign.<\/p>\n

RESPONDENT<\/strong><\/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": [ "Arthur Fouré" ], "date_of_panel_decision": "2025-06-16 00:00:00", "informal_english_translation": "

The Complainant has provided evidence of ownership of several trademarks in the term ESSELUNGA, includingthe following:<\/p>\n