{ "case_number": "CAC-UDRP-108238", "time_of_filling": "2025-12-15 10:51:55", "domain_names": [ "moonbootslovenia.com", "moonboot-romania.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "TECNICA GROUP S.P.A." ], "complainant_representative": "Convey srl", "respondent": [ "Heinrich Bohm", "Lisa schonfeld" ], "respondent_representative": null, "factual_background": "

The Complainant is an Italian sports equipment manufacturer active in the sector of footwear and winter sports equipment. The Complainant created a MOON BOOT branded snow boot as après-ski wear in the early 1970s <\/span>and since then the boots have sold 25 million pairs. The boot is constructed with a thin rubber outsole and cellular rubber midsole covered by nylon fabrics and using polyurethane foams. The Complainant’s founder, i.e. Giancarlo Zanatta, after watching the lunar landing and being inspired by the shape and technology of the astronauts' boots, drew sketches and then began to design and develop the original MOON BOOT. Over the years, the Complainant has collaborated with a roster of big-name brands, with the most recent being GCDS and the list includes Jeremy Scott, Moncler, MSGM, Jimmy Choo, Swarovski and Chanel. On May 21, 2009, during the 62ND International Cannes Film Festival in Cannes, France, guests wore MOON BOOT while attending the \"In The Beginning\" Premiere held at the Palais Des Festivals. Some celebrities wear regularly MOON BOOT as Claudia Schiffer, Kim Kardashian, Dua Lipa, Victoria’s Secret Models. The Complainant owns several trademark registrations for MOON BOOT and, in order to protect and promote its brand also on the Internet, it registered several domain names consisting of or comprising the trademark MOON BOOT under several different TLDs, including <moonboot.com>, <moonboot.it>, < moonboot.cn > and < moonboot.eu >. In addition, the Complainant’s website and Social Media accounts generate a significant number of visits by Internet users every day and are used by the Complainant to promote and also sell online its products.<\/p>\n

The domain names in dispute <<\/span>moonbootslovenia.com> and <moonboot-romania.com> were both registered on November 10, 2022.<\/p>\n

The Complainant notes that the above domain names share many similarities and in particular: (i) same Hosting Provider: Team Internet Ag; (ii) same Registrar: Hosting Concepts B.V.; (iii) same date of registration, i.e. November 10, 2022; (iv) sharing the presence in each domain name of country names after the trademarked denomination \"moonboot\"; (v) same products offered for sale; (vi) same templates of the websites corresponding to the disputed domain names. Therefore, the Complainant requests the consolidation in a single UDRP proceeding.<\/p>\n

As soon as the Complainant became aware of the Respondent’s registration and use of the domain names in dispute, it instructed its representative to address to the Respondent cease and desist letters in order to notify of the infringement of the Complainant’s trademark rights, requesting the immediate cease of any use and the transfer to the Complainant of the disputed domain names. Therefore, two notifications were sent to the Respondent on November 27, 2025, but the Respondent never replied to the Complainant’s requests. <\/span><\/p>\n

According to the Complainant, the disputed domain names are similar to the Complainant's MOON BOOT trademark since both incorporate the whole of the Complainant’s trademark MOON BOOT and the fact that they include a non-distinctive element such as geographical terms (i.e. “romania” and “slovenia”), and the generic Top-Level Domain .com does not affect the confusing similarity.<\/span><\/p>\n

In addition, the Complainant asserts that the Respondent is not a licensee, authorized agent of the Complainant or in any other way authorized to use Complainant’s trademarks. The Complainant also notes that the Respondent, according to the available information, is not commonly known by the disputed domain names. The Complainant also considers that the disputed domain names have been redirected by the Respondent to websites with similar layouts where the Complainant’s trademarks MOON BOOT are published and prima facie counterfeit MOON BOOT branded products are offered for sale and that said use of the disputed domain names is not indicative of rights or legitimate interests.<\/p>\n

Finally, in the Complainant's view, given the distinctiveness of the Complainant's trademarks and its reputation, it is reasonable to infer that the Respondent has registered and used the domain names with full knowledge of the Complainant's trademark. Moreover, since the disputed domain names <\/span>redirect to websites where the Complainant’s trademark is misappropriated and prima facie counterfeit MOON BOOT branded products are offered for sale<\/span>, the use of the disputed domain names is clearly<\/span> in bad faith according to the Complainant.<\/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 names.<\/p>", "no_response_filed": "

The Complainant´s contentions are summarised above.<\/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": "

Consolidation of Respondents.<\/p>\n

\n

According to Article 3(c) of Rules for Uniform Domain Name Dispute Resolution Policy (\"Rules\"), the Complaint may relate to more than one domain name, provided that the disputed domain names are registered by the same domain-name holder. According to Article 10(e) of Rules a Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules.<\/p>\n

The Complainant requests to consolidate its claims against the registrants of the disputed domain names notwithstanding that the registrant details are different, on the grounds that both the disputed domain names are subject to common control and that it is equitable and procedurally efficient to consolidate the proceedings. The Complainant relies on the following factors that both the disputed domain names have in common, namely: (i) same Hosting Provider: Team Internet Ag; (ii) same Registrar: Hosting Concepts B.V.; (iii) same date of registration, i.e. November, 10, 2022; (iv) sharing the presence in each domain name of country names after the trademarked denomination \"moonboot\"; (v) same products offered for sale; (vi) same templates of the websites corresponding to the disputed domain names. <\/p>\n

In the light of the above Complainant considerations, and notwithstanding the clear existence of two different registrants (Respondents), the Panel considers that both the disputed domain names are under the same common control. <\/p>\n

In previous cases similar to the one at hand the Panel has decided to order the consolidation (see, for example, Tod's SPA v Web Commerce Communications Limited; CAC Case No. 103815 and D. Jacobson & Sons Limited v Marcel Baum; CAC Case No. 104399) and the Panel therefore agrees to the Complainant’s request, even considering that, due to the circumstances of the present case, it is equitable and procedurally efficient to consolidate the proceedings. <\/p>\n <\/div>", "decision": "Accepted", "panelists": [ "Guido Maffei" ], "date_of_panel_decision": "2026-01-19 00:00:00", "informal_english_translation": "

The Complainant is the owner of several trademark registrations.  In particular TECNICA GROUP S.p.A. owns:<\/span><\/p>\n

a) International trademark registration MOON BOOT no. 438194, registered on May 25, 1978 and duly renewed for class 25;<\/span><\/p>\n

b) International trademark registration MOON BOOT<\/span> no. 917027, registered on January 11, 2007 and duly renewed for classes 18 and 25; <\/span><\/p>\n

c) International trademark registration MOON BOOT (dev.) n<\/span>o. 1774755, registered on December 27, 2023 for class 25;<\/span><\/p>\n

d) EUTM registration MOON BOOT<\/span> no. 516880, filed on April 14, 1997, registered on November 18, 1999 and duly renewed for class 25.<\/span><\/p>\n

e) EUTM registration MOON BOOTS<\/span> no. 18669427, filed on March 10, 2022 and registered on July 6, 2022 for classes 9, 18 and 25.<\/span><\/p>\n

<\/p>", "decision_domains": { "moonbootslovenia.com": "TRANSFERRED", "moonboot-romania.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }