The Complainant is Sparco Srl, Torino, Italy, represented by Studio Legale Jacobacci e Associati, Italy.
The Respondent is Mr. Alexander Albert W. Gore / Ukrainian Cat. University, Lviv Rudno, Ukraine.
The disputed domain name <sparcosrl.com> is registered with eNom.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on June 11, 2003. On June 11, 2003, the Center transmitted by email to eNom a request for registrar verification in connection with the domain name at issue. On June 17, 2003, eNom transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details for the administrative, billing, and technical contact. In response to a notification by the Center that the Complaint was administratively deficient, the Complainant filed an amendment to the Complaint on June 26, 2003. The Center verified that the Complaint together with the amendment to the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules").
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 15, 2003. In accordance with the Rules, paragraph 5(a), the due date for Response was August 4, 2003. The Respondent did not submit any response. Accordingly, the Center notified the Respondent�s default on August 7, 2003.
The Center appointed Brigitte Joppich as the Sole Panelist in this matter on August 19, 2003. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
Srl is the Italian abbreviation of the equivalent of a limited liability company.
- Respondent uses mouse-trapping effects to prevent Internet users from leaving his website.
The domain name <sparcosrl.com> is confusingly similar to the SPARCO trademarks owned by the Complainant as the additional term "srl" is merely an abbreviation of the Italian legal form of the company "Società a Responsabilità Limitata" and therefore is descriptive. This term is not an adequate criterion for differentiation. In addition, the global top-level domain name identification ".com" has no distinctive function.
The Complainant has therefore satisfied the requirements of the Policy, paragraph 4(a)(i).
The Respondent has not proved any of the above-mentioned circumstances. To the Panel�s knowledge, the domain name can neither be derived from the Respondent�s personal name nor the name or the nature of a business operated by him, nor is the Respondent commonly known by the domain name, which was not used in connection with a bona fide offering of goods and services nor in any legitimate non-commercial or fair content. The Panel therefore sees no rights of the Respondent to or legitimate interests in the domain name and finds that the Complainant has satisfied the requirements of the Policy, paragraph 4(a)(ii).
"(iv) by using the domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website or other on-line location, by creating a likelihood of confusion with the Complainant�s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent�s website or location or of a product or service on its website or location."
When the Respondent registered the domain name he must have been aware of the presence of the Complainant�s company as he registered a domain name identical to Complainant�s trade name including the abbreviation "Srl." Furthermore, as the Complainant has rights in a trademark covering the territory of the Ukraine, the Panel finds that there is also evidence of Respondent�s knowledge of Complainant�s trademarks. Finally, the Respondent�s use of the domain name for a website in Italian language, the language of the country where the Complainant has its principal seat, is additional evidence of his knowledge of Complainant�s rights. Therefore, the Panel finds that the domain name was registered in bad faith.
The Respondent has registered numerous domain names identical or confusingly similar to well-known Italian trademarks. Thereby he prevents the owners of the corresponding trademarks from reflecting their marks in these domain names. This, in the Panel�s view, is evidence that the Respondent engages in a pattern of such conduct under the Policy, paragraph 4(b)(ii), and therefore uses the domain name in bad faith.
The domain name is also used to divert traffic intended for the Complainant�s website, using a domain name that is the same as the trademarks of the Complainant to link to a pornographic website. Thereby, the Respondent attempts to attract Internet users to his website by creating a likelihood of confusion with Complainant�s trademarks. As some services under the domain name are offered for payment, the Panel assumes that this attempt was made for commercial gain, as set out in the Policy, paragraph 4(b)(iv).
The Respondent is using "mouse-trapping" techniques to prevent customers from leaving the website under the domain name. In connection with pornographic content this has already been found to reinforce bad faith use in former decisions.
Therefore the Panel finds that the Complainant has satisfied the requirements of the Policy, paragraph 4(a)(iii).
For all the foregoing reasons, in accordance with the Policy, paragraph 4(i), and the Rules, paragraph 15, the Panel orders that the domain name <sparcosrl.com> be transferred to the Complainant.