{
    "case_number": "CAC-UDRP-106626",
    "time_of_filling": "2025-08-01 10:00:15",
    "domain_names": [
        "lamborghini-adac.com "
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "Automobili Lamborghini S.p.A."
    ],
    "complainant_representative": "HK2 Rechtsanwälte",
    "respondent": [
        "John Gudmundsson  (Re)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is an Italian manufacturer of high-performance sports cars based in Sant'Agata Bolognese, Italy. The company was founded in 1963 by Ferruccio Lamborghini as Automobili Ferruccio Lamborghini. The vehicles of the Complainant are amongst the world&rsquo;s most famous luxury sports cars.<\/p>\n<p>The Complainant is the owner of the domain name &lt;lamborghini.com&gt;, registered on September 16, 1996 and used by the Complainant to promote its vehicles and services under the trademark LAMBORGHINI.<\/p>\n<p>The disputed domain name &lt;lamborghini-adac.com&gt; was registered on May 18, 2025, and currently resolves to an inactive website. However, according to the screenshots submitted by the Complainant &ndash; which have not been contested by the Respondent -, at least between May 23, 2025 and May 27, 2025 resolved to a website offering an &ldquo;ADAC &amp; Lamborghini Premium Membership&rdquo; which claimed to provide members with an exclusive 72-hour test drive in a LAMBORGHINI Revuelto and purportedly offered benefits such as 24\/7 breakdown assistance and access to a wide network of service partners, requiring users to pay a &euro;50 registration fee.<\/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>COMPLAINANT<\/p>\n<p>The Complainant contends that the disputed domain name is confusingly similar to the Complainant&rsquo;s trademark LAMBORGHINI, as it includes the trademark in its entirety with the mere addition of a second trademark ADAC belonging to a third party (Allgemeiner Deutscher Automobil-Club e.V. (ADAC)) and the generic Top Level Domain (&ldquo;gTLD&rdquo;) &ldquo;.com&rdquo;, which are not sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant's trademark.<\/p>\n<p>The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name because the Respondent is not commonly known by the disputed domain name and has no relevant trademark or trade name rights in LAMBORGHINI or in a name corresponding to the disputed domain name.<\/p>\n<p>The Complainant also submits that the disputed domain name has not been used for a <em>bona fide<\/em> offering of goods or services since i) at least between May 23, 2025 and May 27, 2025, it resolved to a website offering a not authorized &ldquo;ADAC &amp; Lamborghini Premium Membership&rdquo; and ii) the Respondent&rsquo;s website included multiple indicators of fraudulent intent, by lacking essential legal elements such as verifiable contact information, a legal notice, or an imprint - features that are typically required for legitimate commercial operations under applicable law.<\/p>\n<p>The Complainant further contends that the disputed domain name has not been used for a legitimate non-commercial use since i) it previously resolved to a website that appeared to offer suspicious and likely fraudulent promotions involving the LAMBORGHINI Revuelto model, advertising memberships or test drive opportunities for the vehicle, requiring users to pay a &euro;50 registration fee; ii) the Respondent has not made fair use of the disputed domain name as the presentation of offers, coupled with false assertions of official affiliation with the Complainant, misled consumers and undermined the brand&rsquo;s reputation, falsely suggesting endorsement or authorization; iii) the composition of the disputed domain name leads to the suggestion of an endorsement by the Complainant; and iv) the Respondent prevented the Complainant from exercising its rights to the trademark and managing its presence on the internet and diverted internet users to its own site, thereby potentially depriving the Complainant of visits by internet users.<\/p>\n<p>The Complainant submits that the Respondent registered and used the disputed domain name in bad faith according to paragraph 4(b)(iv) of the Policy as the following circumstances besides the well-known character of the LAMBORGHINI mark suggest that the Respondent intended to attempt to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant&rsquo;s mark: i) the Respondent&rsquo;s lack of rights or legitimate interests in the disputed domain name; ii) the Respondent&rsquo;s offer of fraudulent ADAC memberships and purported LAMBORGHINI test drives, creating the false impression that the Respondent was an officially licensed partner of the Complainant; and iii) the absence of conceivable good faith use of the disputed domain name by the Respondent.<\/p>\n<p>The Complainant also states that the following circumstances further demonstrate the Respondent&rsquo;s bad faith: i) since the Complainant&rsquo;s use of its trademarks and business activities as a world-famous car manufacturer predates the registration of the disputed domain name by decades and the ADAC mark is itself a well-established and widely recognize trademark, the combination of two globally well-known trademarks within the disputed domain strongly suggests that the Registrant had actual knowledge of the Complainant&acute;s rights at the time of registration; ii) there is no, and to Complainant&rsquo;s best knowledge, there has never been, any conceivable legitimate interest for the use of the disputed domain name by Respondent; and iii) the Respondent used a privacy service to hide its identity.<\/p>\n<p>RESPONDENT<\/p>\n<p>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": [
        "Luca Barbero"
    ],
    "date_of_panel_decision": "2025-09-05 00:00:00",
    "informal_english_translation": "<p>The Complainant has demonstrated ownership of rights in the trademark LAMBORGHINI for the purposes of standing to file a UDRP complaint.<\/p>\n<p>The Complainant is the owner of numerous trademark registrations, including the following, as per trademark registration details submitted in Annex to the Complaint:<\/p>\n<p>- International trademark registration No. 460178 for LAMBORGHINI (word mark), registered on March 28, 1981, in classes 03, 04, 09, 12, 14, 16, 18, 25, 28 and 34;<\/p>\n<p>- United States of America trademark registration No. 1622382 for LAMBORGHINI (word mark), filed on January 16, 1990, and registered on November 13, 1990, in international class 12;<\/p>\n<p>- European Union trademark registration No. 001098383 for LAMBORGHINI (word mark), filed on March 08, 1999 and registered on June 21, 2000, in classes 07, 09, 12, 14, 16, 18, 25, 27, 28, 36, 37 and 41;<\/p>\n<p>- International trademark registration No. 959504 for LAMBORGHINI (word mark), registered on February 28, 2008, in classes 12 and 28.<\/p>",
    "decision_domains": {
        "lamborghini-adac.com ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}