{
    "case_number": "CAC-UDRP-107748",
    "time_of_filling": "2025-08-01 09:33:11",
    "domain_names": [
        "lamborghinidubairent.com "
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Automobili Lamborghini S.p.A. "
    ],
    "complainant_representative": "HK2 Rechtsanwälte",
    "respondent": [
        "Evgeniy  Parokhod"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is an Italian manufacturer of sports cars based in Sant&rsquo;Agata Bolognese, Italy. The company of the Complainant was founded in 1963 by Ferruccio Lamborghini as Automobili Ferrucio Lamborghini. The vehicles of the Complainant belong to the world&rsquo;s most famous luxury sports cars and are promoted in different languages worldwide on the internet, inter alia at the Complainant&rsquo;s website &ldquo;www.lamborghini.com&rdquo;.<\/p>\n<p>The disputed domain name was registered on October 18, 2021, and since that time has resolved to a website redirecting Internet users to a commercial car rental platform in Dubai, United Arab Emirates, prominently featuring Lamborghini-branded vehicles alongside other competing luxury marques.<\/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><strong>The Complainant<\/strong><\/p>\n<p>The Complainant asserts that each of the elements enumerated in paragraph 4(a) of the Policy and the corresponding provisions in the Rules have been satisfied. In particular, the Complainant asserts that:<\/p>\n<p>(1) The disputed domain name is confusingly similar to a trademark in which the Complainant has rights, as it wholly incorporates the to the Complainant&rsquo;s LAMBORGHINI mark together with the non-distinguishing terms &ldquo;dubai&rdquo; and &ldquo;rent&rdquo;;<\/p>\n<p>(2) The Respondent has no rights or legitimate interests in the disputed domain name. The Complainant has not granted permission to use its trademark to the Respondent. The Complainant has not licensed or authorized the Respondent to use its mark. The Respondent&rsquo;s use does not meet the Oki Data criteria: the site does not exclusively offer Lamborghini goods or services, but instead promotes competing brands such as Ferrari and Rolls-Royce; it does not accurately disclose the lack of relationship with the Complainant; and it misappropriates Lamborghini&rsquo;s word and figurative marks. The Respondent is not commonly known by &ldquo;Lamborghini&rdquo;, and its use is purely commercial;<\/p>\n<p>(3) The disputed domain name was&nbsp;registered and is being used in bad faith. Given the fame of the LAMBORGHINI mark, the Respondent clearly knew of the Complainant&rsquo;s rights when registering the disputed domain name. By using the domain to attract Internet users to a commercial car rental website that creates the false impression of affiliation, the Respondent intentionally attempts to confuse consumers for commercial gain. Additional evidence of bad faith includes the Respondent&rsquo;s concealment of its identity through a privacy service, the absence of any legitimate contact details, and the lack of conceivable good-faith use of the name.<\/p>\n<p>The Complainant requests transfer of the disputed domain name.<\/p>\n<p><strong>The Respondent<\/strong><\/p>\n<p>The Respondent did not reply to the Complainant&rsquo;s contentions.<\/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>\n<p><strong>Language of the Proceeding<\/strong>&nbsp;<\/p>\n<p>The language of the Registration Agreement for the disputed domain name is Ukrainian.<\/p>\n<p>Pursuant to the Rules, paragraph 11(a), in the absence of an agreement between the parties, or unless specified otherwise in the registration agreement, the language of the administrative proceeding shall be the language of the registration agreement.<\/p>\n<p>The Complaint was filed in English. The Complainant requested that the language of the proceeding be English, and the Panel agrees for the following reasons:<\/p>\n<ul>\n<li>the Respondent registered the disputed domain name using Latin characters, indicating familiarity with English;<br \/><br \/><\/li>\n<li>the website to which the disputed domain name resolves defaults to English, with the option to select other languages if needed;<br \/><br \/><\/li>\n<li>the Complainant is an Italian-based company and English is a neutral, commonly used language internationally (see Navasard Limited v. Dmitrii Sofronov, CAC Case No. CAC-UDRP-106484); proceeding in English will avoid unnecessary delay and cost.<\/li>\n<\/ul>\n<p>The Respondent made no submissions on the language of the proceeding. In exercising its discretion to use a language other than that of the Registration Agreement, the Panel acts in the spirit of fairness and justice to both parties, taking into account all relevant circumstances, including the parties&rsquo; ability to understand and use the proposed language, as well as time and cost considerations.<\/p>\n<p>Having considered the above, the Panel determines under paragraph 11(a) of the Rules that the language of the proceeding shall be English.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Ganna Prokhorova"
    ],
    "date_of_panel_decision": "2025-09-06 00:00:00",
    "informal_english_translation": "<p>The Complainant owns several trademark registrations comprising the word element &ldquo;Lamborghini&rdquo;, including but not limited to:<\/p>\n<p>- European Union Trademark LAMBORGHINI (word mark), with Registration No. 001098383, registered on June 21, 2000 for goods and services in classes 7, 9, 12, 14, 16, 18, 25, 27, 28, 36, 37 and 41; and<\/p>\n<p>- United States Trademark LAMBORGHINI (word mark), with Registration No. 1622382, registered on November 13, 1990, for goods in class 12; and<\/p>\n<p>- International Registration Trademark LAMBORGHINI (word mark), with Registration No. 959504, registered on February 28, 2008, for goods in classes 12 and 28 in many countries worldwide, including in Ukraine where the Respondent resides.<\/p>",
    "decision_domains": {
        "lamborghinidubairent.com ": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}