{
    "case_number": "CAC-ADREU-004229",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant is Ornellaia Società Agricola S.r.l., one of the leading Tuscany producers of wine and olive oil, registered and based in Italy. The Complainant pertains to the Marchesi de’ Frescobaldi S.p.A. group, and is the owner of several registered trademarks for the word “Ornellaia”. The business of the company is presented by the website at www.ornellaia.it and at www.ornellaia.com.\r\n\r\nThe complainant applied for the registration of the domain name <ornellaia.eu> during the sunrise period, but was unsuccessful. During the Land Rush period the complainant tried again to register the domain name, but the registration failed because the Respondent had already applied for the disputed domain name.\r\n\r\nThe Complainant requested the transfer of the domain name <ornellaia.eu>.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings relating to the disputed domain name.",
    "discussion_and_findings": "According to Article 21 (1) of the Commission Regulation (EC) No 874\/2004 of 28 April 2004, a registered domain name shall be subject to revocation, using an appropriate extra-judicial or judicial procedure, where that name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and\/or Community law, such as the rights mentioned in Article 10(1), and where it:\r\n(a) has been registered by its holder without rights or legitimate interest in the name; or\r\n(b) has been registered or is being used in bad faith\r\n\r\nThe Complainant’s company name is “Ornellaia Società Agricola S.r.l.”. The acronym “S.r.l.” is the Italian company type indicator for Limited Liability Company, regulated by the Italian Civil Code and it is not a relevant part of the name. The part “Società Agricola” is an indicator requested by Article 2 of the Italian Legislative Decree No 99\/2004 to all the companies operating exclusively in the agricultural field (as defined by article 2135 of the Civil Code).\r\n\r\nThe Complainant is the owner (and legal successor of the owner) of numerous trademark registrations for the word “ORNELLAIA”, used in Italy and abroad, accordingly with the submitted documents.\r\n\r\nFurthermore, the Complainant uses two company domain names and has activated a website, presenting its products, at www.ornellaia.it and www.ornellaia.com, as proved by the documents attached to the complaint.\r\n\r\nIt is well established that the top level domain, in determining identity or confusing similarity of domain names to other rights, is excluded from consideration, therefore the contested domain name is identical to the word mark registrations “ORNELLAIA” and the company domain names “ornellaia.it” and “ornellaia.com”, and is confusingly similar to the Complainant’s company name “Ornellaia Società Agricola S.r.l.”\r\n\r\nAll the cited rights are recognised by the Italian Law (Civil Code, Art. 2563-2574, 2598-2600; Industrial Property Code, Art. 7-30).\r\n\r\nThe Complainant has, therefore, satisfied the requirements of the first paragraph of Article 21(1). \r\n\r\nThe Complainant has argued that the Respondent has no rights or legitimate interests in the contested domain name. The Complainant states that:\r\n\r\n(a) the Respondent is not associated, connected with or authorized by the Complainant or any of the company of its Group to use the “ORNELLAIA” trademarks; \r\n(b) the Respondent is not the owner or beneficiary of any trademark, trade name or other trade sign that is identical to the disputed domain name; \r\n(c) the Respondent is not commonly known by the name “ORNELLAIA”; \r\n(d) the Complainant is not aware of any demonstrable preparations by the Respondent to use the disputed domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services. \r\n\r\nNo response or other communication was received from the Respondent in respect of the complaint.\r\n\r\nThe Panel accepts the arguments of the Complainant with respect of missing rights and legitimate interests  of the respondent in the domain name “ornellaia.eu” and, according to article 22 (10) of the Commission Regulation No 874\/2004 and paragraph B 10 of ADR Rules, bases its decision on this presentation.\r\n\r\nFor reasons of procedural economy, as the Complaint is already well-founded according to Article 21 (1) of the Commission Regulation No 874\/2004, the Panel does not need to assess a possible bad faith of the Respondent in the registration of the contested domain name.\r\n\r\nThe Complainant requested the transfer of the domain name “ornellaia.eu”.  As the Complainant, an Italian based company (as well as its attorney Mr. Leonardo Raspini, as certified by the Chamber of Commerce – Company Register Office), satisfies the general eligibility criteria set out in Article 4(2)(b) of Regulation (EC) No 733\/2002 of the European Parliament and of the Council of 22 April 2002, the disputed domain name is transferred to the Complainant.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that\r\n\r\nthe domain name ORNELLAIA be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-04-11 00:00:00",
    "informal_english_translation": "The Complainant is the Italian company “Ornellaia Società Agricola S.r.l.”, one of the leading Tuscany producers of wine and olive oil. \r\nThe Complainant uses a company name, numerous registered trademarks and two domain names based on the word Ornellaia, with a long established goodwill.\r\nThe Complainant, according to Article 21 (1) of the Commission Regulation No 874\/2004 of 28 April 2004, contended that:\r\nA) the domain name registered by the Respondent (ornellaia.eu) is identical and confusingly similar to Ornellaia company name, trademarks and domain names in respect of which the Complainant owns the relevant rights;\r\nB) the contested domain name has been registered by its holder without rights or legitimate interests in the sign Ornellaia;\r\nC) the contested domain name has been registered in bad faith.\r\nThe Complainant requested the transfer of the domain name “ornellaia.eu”.\r\nThe Responded did not submit a response.\r\nThe Panel held that the requirements of Article 21 (1) of the Commission Regulation No 874\/2004 were satisfied. \r\nIt was not necessary to examine the allegation of bad faith, as the Complainant proved its rights and – prima facie – the Respondent lack of rights or legitimate interest in the name.\r\nThe Complainant, being an Italian registered and based company, also satisfied the criteria for eligibility set out in Article 4 (2) (b) of Regulation (EC) No 733\/2002 of the European Parliament and of the Council of 22 April 2002, therefore the Panel ordered the requested transfer of the disputed domain name.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}