{ "case_number": "CAC-UDRP-108643", "time_of_filling": "2026-05-18 09:41:22", "domain_names": [ "ITAIRWAYSVIRTUAL.COM" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "ITALIA TRASPORTO AEREO S.p.A." ], "complainant_representative": "Andrea Mascetti (Barzanò & Zanardo Milano S.p.A.)", "respondent": [ "Nicola Podda" ], "respondent_representative": null, "factual_background": "

The Complainant is the Italian flagship airline and operates under the brand ITA AIRWAYS. It was established on 21 December 2020. In 2021, it acquired the business of the former Alitalia - Societa Aerea Italiana S.p.A. in Amministrazione Straordinaria. The Complainant is the owner of the domain name <ita-airways.com>, registered on 4 October 2021, which it uses for its official website.<\/span><\/p>\n

The disputed domain name was registered on October 26, 2022. It is currently inactive. At the time of the filing of the Complainant, the disputed domain name resolved to an Italian language website with the title “Ita Airways Virtual – Official Virtual Airline - Ita Airways Virtual”. The website displayed images of ITA AIRWAYS-branded airplanes, and promoted a flight simulator with the following announcement: <\/span><\/span><\/p>\n

“ITA Airways Virtual e’ una compagnia aerea Virtuale con sede in Italia, fondata nel 2022, il cui intento e’ quello di creare un ambiente comunitario e amichevole tramite voli di gruppo, canali Discord, gruppi Whatsapp, Facebook e canali di supporto diretti. Ai piloti viene offerta l’opzione di volare le rotte Schedulate reali e i charter ufficiali, ovvero tutti i voli operati da ITA AIRWAYS nel reale.<\/span><\/p>\n

[…]<\/span><\/p>\n

Cosa offre questa collaborazione?<\/span><\/p>\n

Accesso a tutti i voli reali programmati da ITA Airways: Ora puoi volare seguendo gli stessi itinerari del mondo reale, guadagnando vCash per ogni volo completato.<\/span><\/p>\n

Type Rating basato su acquisti nel Virtual Shop di vPilotsHub: Acquista i Type Ratings per sbloccare nuovi aeromobili e rotte esclusive. <\/span><\/span><\/p>\n

[…]<\/span><\/p>\n

Nuovi e appassionanti Tours: Scopri una vasta gamma di tours tematici aggiornati annualmente, che offrono premi sostanziosi alloro completamento, con remunerazioni che possono superare i 50.000 vEuro.”<\/span><\/p>\n

In English: <\/span><\/span><\/p>\n

“ITA Airways Virtual is a virtual airline based in Italy, founded in 2022, whose aim is to create a friendly, community-oriented environment through group flights, Discord channels, WhatsApp groups, Facebook and direct support channels. Pilots are offered the option to fly real-world scheduled routes and official charter flights – in other words, all flights operated by ITA Airways in the real world.<\/span><\/p>\n

[…]<\/span><\/p>\n

What does this partnership offer?<\/span><\/p>\n

Access to all real-world flights operated by ITA Airways: You can now fly the same routes as in the real world, earning vCash for every flight completed.<\/span><\/p>\n

Type Ratings based on purchases in the vPilotsHub Virtual Shop: Purchase Type Ratings to unlock new aircraft and exclusive routes.<\/span><\/p>\n

[…]<\/span><\/p>\n

New and exciting tours: Discover a wide range of themed tours, updated annually, offering substantial rewards upon completion, with payouts that can exceed 50,000 vEuro.”<\/span><\/p>\n

The website also displayed the copyright notice “Copyright © 2026 | Ita Airways Virtual”.<\/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": "

COMPLAINANT:<\/p>\n

The Complainant states that the disputed domain name is confusingly similar to the ITA and ITA AIRWAYS<\/span> trademarks, because it reproduces these trademarks in their entirety, and the addition of the dictionary term “virtual” does not preclude a finding of confusing similarity with the Complainant’s trademarks.<\/p>\n

The Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it is not an authorised dealer, agent, distributor or reseller of the Complainant and has not been authorised to register and use the ITA and ITA AIRWAYS trademarks in domain names. The Complainant points out that the disputed domain name resolves to a website that reproduces images of ITA AIRWAYS-branded airplanes and promotes a flight simulator. According to the Complainant, this use does not represent a bona fide offering of goods and services or a legitimate non-commercial or fair use of the disputed domain name. Rather, the Respondent is taking advantage of the reputation of the ITA and ITA AIRWAYS trademarks to promote a flight simulator without authorisation by the Complainant.<\/p>\n

The Complainant contends that the disputed domain name was registered and is being used in bad faith. The Complainant notes that the disputed domain name was registered shortly after the Complainant started using the ITA AIRWAYS trademark and filed the application for its registration, and several months after the Complainant registered the ITA trademark. According to the Complainant, the Respondent’s knowledge of the ITA and ITA AIRWAYS trademarks is evident from their use alongside images of the Complainant’s airplanes on the website at the disputed domain name.<\/p>\n

The Complainant points out that its trademarks are used, without any authorisation, to promote a third-party flight simulator, which <\/span>reproduces the airplane routes of the Complainant’s airplanes. According to the Complainant, since the website at the disputed domain name uses the ITA and ITA AIRWAYS trademarks and images of the Complainant’s airplanes, Internet users may believe that the disputed domain name and its content are part of the Complainant’s official network, and the Respondent would take undue advantage from the reputation of the ITA trademark.<\/p>\n

<\/p>\n

RESPONDENT:<\/span><\/p>\n

The Respondent did not submit a Response in this proceeding.<\/span><\/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 notes that the Respondent stated that it agreed to the transfer of the disputed domain name to the Complainant. The Complainant however requested the proceeding to continue to a decision on the substance of the dispute.<\/p>\n

The Panel considers that the Complainant, having properly initiated the present proceeding and having paid the required fees, is entitled to obtain a decision on the merits on all three elements of the Policy, and proceeds to issue such a decision.<\/p>\n

Having dealt with the above issue, 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": [ "Assen Alexiev" ], "date_of_panel_decision": "2026-06-16 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following trademark registrations for ITA (the “ITA trademark”) and ITA AIRWAYS (the “ITA AIRWAYS trademark”):<\/p>\n

− the European Union trademark ITA (combined) with registration No. 018685967, registered on 24 September 2022 for goods and services in International Classes 3, 9, 12, 14, 16, 18, 20, 21, 24, 25, 26, 28, 30, 33, 34, 35, 37, 39, 42 and 43; and<\/p>\n

− the European Union trademark ITA AIRWAYS (word) with registration No. 018775945, applied for on 13 October 2022 and registered on 19 April 2023 for services in International Class 39.<\/p>", "decision_domains": { "ITAIRWAYSVIRTUAL.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }