WIPO Arbitration and Mediation Center
ADMINISTRATIVE PANEL DECISION
Meteosolutions S.r.l. v. Domain Admin, Whois Privacy Corp.
Case No. D2017-1288
1. The Parties
The Complainant is Meteosolutions S.r.l. of Ponte San Pietro, Bergamo, Italy, represented by Perani Pozzi Associati - Studio Legale, Italy.
The Respondent is Domain Admin, Whois Privacy Corp. of Nassau, New Providence, Bahamas.
2. The Domain Name and Registrar
The disputed domain name <3bmeteo.pro> (the “Domain Name”) is registered with Internet Domain Service BS Corp (the “Registrar”).
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 4, 2017. On July 4, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On July 5, 2017, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details.
The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), 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 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 12, 2017. In accordance with the Rules, paragraph 5, the due date for Response was August 1, 2017. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on August 2, 2017.
The Center appointed Mathias Lilleengen as the sole panelist in this matter on August 8, 2017. 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.
4. Factual Background
The Complainant is an Italian company established in 1999, provider of weather forecast to consumers, media and enterprises through the brand 3BMETEO. The Complainant’s official website “www.3bmeteo.com” is visited by 12 million users monthly, with over 160 million pages already visited. The Complainant is also the owner of other domain names such as <3bmeteo.com> and <3bmeteo.it>. 3BMETEO has a wide presence in social media such as Facebook, Twitter, Instagram and Google Plus.
The Complainant owns among others Italian trademark registration no. 1357973, granted on October 15, 2010, in classes 38, 41 and 42, and European Union trademark registration no. 14559785, granted on January 10, 2016, in classes 35, 38, 41 and 42. Both for the trademark 3BMETEO.
At the time of filing of the Complaint, the Domain Name resolved to an Internet site which exactly reproduced the name, the layout, the graphics and the contents of the Complainant’s site. At the time of drafting this decision, the Domain Name resolves to a warning page informing the Panel “yourconnection is not private, attackers might be trying to steal your information from 3bmeteo.pro (for example, passwords, messages, or credit cards)”. The Domain Name was registered on April 4, 2017 and will expire on April 3, 2018.
5. Parties’ Contentions
The Complainant provides trademark registrations, and submits that its trademark is famous. The Complainant argues that the Domain Name reproduces the Complainant’s prior trademark 3BMETEO. The trademark is registered at a national and international level. Likewise, the Domain Name is identical to the Complainant’s prior domain names <3bmeteo.com> and <3bmeteo.it> used by the Complainant for more than 17 years.
The Complainant argues further that the Respondent is not affiliated or related to the Complainant in any way, or licensed or otherwise authorized to use the 3BMETEO trademark. The Respondent is not using the Domain Name in connection with any bona fide offering of goods or services. The Complainant has not found any fair or noncommercial uses of the Domain Name. The Respondent has no rights or legitimate interests in the Domain Name. To the Complainant’s knowledge, the Respondent has never been known by any name or trade name that incorporates 3BMETEO. The Domain Name does not correspond to the name of the Respondent.
As to bad faith, the Complainant argues that the Respondent must have been aware of the Complainant’s distinctive and well known trademark at the time of the registration of the Domain Name. Under any circumstance, if the Respondent had carried even a Google search in respect of the wording “3bmeteo”, it would have yielded obvious references to the Complainant. Further, the Domain Name is not used for any bona fide offering. The Domain Name is connected to a website which is an exact clone of the Complainant’s official website. The present circumstances indicate that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the website. Internet users, while searching for information on the Complainant’s services, are confusingly led to the Respondent’s website, which is an unauthorized and outdated version of the genuine one, and it includes several external advertising. There is also reason to believe that the Respondent’s website contains malwares that may spread among Internet users’ devices. Lastly, the Respondent has not replied to the Complainant’s cease and desist letter.
The Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings
A. Identical or Confusingly Similar
The test for confusing similarity involves the comparison between the trademark and the Domain Name. In this case, the Domain Name consists of the Complainant’s trademark in its entirety.
For the purposes of assessing confusing similarity under paragraph 4(a)(i) of the Policy, it is permissible for the Panel to ignore the generic Top-Level Domain (“gTLD”) “.pro”.
The Panel finds that the Domain Name is identical to a trademark in which the Complainant has rights in accordance with paragraph 4(a)(i) of the Policy.
B. Rights or Legitimate Interests
The Complainant has made unrebutted assertions that it has not granted any authorization to the Respondent to register a domain name containing its trademark or otherwise make use of its mark. Based on the evidence, the Respondent is not affiliated or related to the Complainant in any way, and the Respondent is not using the Domain Name in connection with any bona fide offering of goods or services. The Domain Name resolves to an unauthorized and outdated version of the Complainant’s genuine webpage, and includes external advertising. Such use may not be considered a bona fide offering of goods or services nor a legitimate noncommercial or fair use.
There is no evidence on the record to show that the Respondent is generally known by the Domain Name.
The Panel finds that the Complainant has made out a prima facie case which the Respondent has not rebutted. Accordingly, the Panel finds that the Respondent has no rights or legitimate interests in respect of the Domain Name in accordance with paragraph 4(a)(ii) of the Policy.
C. Registered and Used in Bad Faith
The Panel finds that the Respondent must have been aware of the Complainant’s trademark when it registered the Domain Name. The Complainant has used its trademark long before the registration of the Domain Name.
Moreover, the Domain Name is not used for any bona fide offering. The Domain Name is connected to a website which is a copy of the Complainant’s official website, which indicates that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of his website. Internet users are confusingly led to the Respondent’s website, which is an unauthorized and outdated version of the genuine one, and it includes external advertising. There is also the likely possibility that the Respondent’s website contains malware. Finally, the Respondent has not objected to the Complainant’s allegations.
For the reasons set out above, the Panel concludes, on the balance of probabilities, that the Domain Name was registered and is being used in bad faith, within the meaning of the paragraph 4(a)(iii) of the Policy.
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Domain Name, <3bmeteo.pro>, be transferred to the Complainant.
Date: August 10, 2017