{ "case_number": "CAC-UDRP-107760", "time_of_filling": "2025-07-30 09:33:44", "domain_names": [ " esselunga-punti.help" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ " Esselunga S.p.A. " ], "complainant_representative": "Claudio Tamburrino (Barzanò & Zanardo Milano S.p.A.)", "respondent": [ "asdasd asdasd" ], "respondent_representative": null, "factual_background": "

As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:<\/span>

(a) the Complainant is the Italian leader in the retail field, founded in 1957, with over 8,3 billion EUR of total revenues and 185 points of sales;<\/span>

(b) the Complainant is the owner of Complainant’s Trademarks;<\/span>

(c) the Complainant owns various domain names including the same verbal element ESSELUNGA; and<\/span>

(d) there is no website operated under the disputed domain name.<\/span><\/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": "

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THE COMPLAINANT:<\/p>\n

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In addition to the above factual assertions, the Complainant also contends the following:<\/span><\/p>\n

(i) the disputed domain name is confusingly similar to Complainant’s Trademarks as it differs from them only in the addition of a generic term – “punti” (meaning in Italian “points”) – that could easily be associated with ESSELUNGA fidelity points and fidelity cards;<\/p>\n

 <\/p>\n

(ii) the Respondent is not affiliated with the Complainant nor authorized by it in any way to use Complainant’s Trademarks. The Complainant does not carry out any activity for, nor has any business with, the Respondent, there is no website under the disputed domain name and the Respondent did not make any use of the disputed domain name. This confirms that Respondent has no demonstrable plan to use the disputed domain name. It proves a lack of legitimate interests in respect of the disputed domain name except in order to create a likelihood of confusion with the Complainant and its trademarks. Therefore, the Respondent does not have the right or legitimate interest in respect of the disputed domain name;<\/p>\n

 <\/p>\n

(iii) Complainant’s Trademarks are widely known. Given the distinctiveness of the Complainant's Trademarks and their reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's Trademarks. The Respondent has not demonstrated any activity in respect of the disputed domain name, and it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would not be illegitimate, such as by being a passing off, an infringement of consumer protection legislation, or an infringement of the Complainant’s rights under trademark law. Also, the Respondent registered the disputed domain name under an apparently false name. As a result, the disputed domain name has been registered and is being used in bad faith by the Respondent.<\/p>\n

For these reasons, the Complainant seeks transfer of the disputed domain name to the Complainant.<\/p>\n

THE RESPONDENT:

The Respondent did not provide any response to the complaint.<\/span><\/p>\n<\/div>\n<\/span><\/div>\n<\/div>\n<\/div>", "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 Uniform Domain Name Dispute Resolution Policy (\"UDRP<\/strong>\" or \"Policy<\/strong>\").<\/span>

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

For details, please see \"Principal Reasons for the Decision\".<\/span><\/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": [ "Michal Matějka" ], "date_of_panel_decision": "2025-08-31 00:00:00", "informal_english_translation": "

The Complainant is the registered owner of:<\/span><\/p>\n

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    The Italian national trademark No. 1290783 (ESSELUNGA with device) filed on12 March 1980, in classes 3, 6, 8, 9, 16, 21, 28, 29, 30, 31, 32, 33 and 42;<\/p>\n<\/li>\n

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    The Italian national trademark No. 1480754 (ESSELUNGA with device) filed on 9 April  2002, in classes 1–45; and<\/p>\n<\/li>\n

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    The European Union trademark No. 013719745 (ESSELUNGA) filed on 9 February 2015, in classes 1, 3, 5, 6, 8, 9, 16, 21, 24, 25, 28, 29, 30, 31, 32, 33 and 35.<\/p>\n<\/li>\n<\/ul>\n

    (\"Complainant's Trademarks<\/strong>\")<\/p>\n

    The disputed domain name <esselunga-punti.help> was registered on 8 May 2025.<\/p>", "decision_domains": { " esselunga-punti.help": "TRANSFERRED" }, "panelist": null, "panellists_text": null }