Gianvito Rossi S.R.L. Unipersonale v. Li Shui Miao et al.
Claim Number: FA1603001667071
Complainant: Gianvito Rossi S.R.L. Unipersonale of San Mauro Pascoli (FC), Italy.
Complainant Representative:
Complainant Representative: Howson & Howson LLP of Blue Bell, Pennsylvania, USA.
Respondent: Li Shui Miao of Zheng Zhou, HA, International, CN.
Respondent Representative: None
REGISTRIES and REGISTRARS
Registries: First Registry Limited
Registrars: Chengdu West Dimension Digital Technology Co., Ltd.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Examiner in this proceeding.
James Bridgeman, as Examiner.
Complainant submitted: March 23, 2016
Commencement: March 24, 2016
Default Date: April 8, 2016
Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") .
Complainant requests that the domain name be suspended for the life of the registration.
Clear and convincing evidence.
Complainant owns United States trade mark GIANVITO ROSSI, registration number 3,619,464, registered on May 12, 2009 for goods and services in international classes 1,2,3,21,22,23,26,27,28,36, 38, 39, 41 and 50 and maintains a website to which the domain name <gianvitorossi.com> resolves, on which it advertises and sells its fashion shoes. In registering the domain name at issue, Respondent has merely added the generic term for the goods, “shoes” to Complainant’s registered mark.
Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended:
“1.2.6.1. that the registered domain name is identical or confusingly similar to a word mark: (i) for which the Complainant holds a valid national or regional registration and that is in current use; or (ii) that has been validated through court proceedings; or (iii) that is specifically protected by a statute or treaty in effect at the time the URS complaint is filed.
a. Use can be shown by demonstrating that evidence of use – which can be a declaration and one specimen of current use in commerce
– was submitted to, and validated by, the Trademark Clearinghouse)
b. Proof of use may also be submitted directly with the URS Complaint. and
1.2.6.2. that the Registrant has no legitimate right or interest to the domain
name;
and
1.2.6.3. that the domain was registered and is being used in bad faith.”
The disputed domain name is confusingly similar to Complainant’s registered trademark GIANVITO ROSSI as it consists of the trademark in its entirety in combination with the word “shoes” which are goods for which Complainant has acquired a substantial reputation and goodwill.
Respondent has failed to submit a Response and so has failed to discharge the onus of proof required to establish that it has rights or legitimate interests in the disputed domain name in circumstances where Complainant has made out a prima facie case that Respondent has no such rights.
On the balance of probabilities, given the distinctive character of Complainant’s GIANVITO ROSSI mark, the fact that Complainant has an established reputation as a manufacturer and merchant of fashion shoes, the fact that the disputed domain name consists of Complainant’s registered trademark in combination with the word “shoes”, this Examiner finds that the disputed domain name was registered and is being used in bad faith.
No finding of abuse or material falsehood.
After reviewing the Complainant’s submissions, the Examiner determines that
the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration.
<gianvitorossishoes.win>
James Bridgeman, Examiner
Dated: April 9, 2016
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