CASELAW

Caselaw

Czech Arbitration Court, 05367

The Complainant alleges that it owns several trademark known worldwide, the s.c. « Armani » trademarks, including « GIORGIO ARMANI »; « ARMANI » and « ARMANI/PROFUMI ». These trademarks are used on a global basis, and they are certainly famous, as they are used in conjunction with cosmetic products as for the documentary evidences.
It is Complainant’s submission that disputed domain name incorporates entirely its trademark, as the addition of the generic word « parfums » is not sufficient to avoid the risk of confusion between Complainant’s trademarked products and the registration/use of the disputed domain name. Moreover, Complainant alleges that the Respondent, whose name is Germano Armani, is deprived of any pattern of right or legitimate interest in the use of the disputed domain name; and that said domain name was registered primarily to mislead internet users or to other bad faith ends.
The Responded did not reply to the Complaint. The Panel confirms all circumstances alleged by the Complainant, finding that:

  1. the disputed domain name is confusingly similar with the complainant famous trademarks;
  2. Respondent have no right or legitimate interest in the use of disputed domain name; and that said domain was registered and used with the intention to knowingly profit from the notoriety of Complainant’s famous trademarks.

The Panel therefore ordered the transfer of « giorgioarmaniparfums.eu » to the Complainant.

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