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Mr. Adriano Celentano, Clan Celentano S.r.l. v. Mr. Seung Nam Kim and DomainFamily.com
Case No. D2006-0106
1. The Parties
The Complainant is Mr. Adriano Celentano, Milan, Italy, and Clan Celentano S.r.l., a company incorporated under the laws of Italy. Both the Complainants are represented by Studio Legale Bird & Bird, Italy.
The Respondent is DomainFamily.com, Mr. Seung Nam Kim, Kyungbuk, Republic of
2. The Domain Name and Registrar
The disputed domain name <adrianocelentano.com> is registered with OnlineNic,
Inc. d/b/a China-Channel.com.
3. Procedural History
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 24, 2006. On January 24, 2006, the Center transmitted by email to OnlineNic, Inc. d/b/a China-Channel.com a request for registrar verification in connection with the domain name at issue. On January 25, 2006, OnlineNic, Inc. d/b/a China-Channel.com 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. The Center verified that 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 January 27, 2006. In accordance with the Rules, paragraph 5(a), the due date for Response was February 16, 2006. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on February 17, 2006.
The Center appointed Isabel Davies as the sole panelist
in this matter on February 28, 2006. 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,
4. Factual Background
The Complainants are Mr. Adriano Celentano, a well-known Italian singer, songwriter and recording artist, and Mr. Celentano’s record company, Clan Celentano S.r.l., which is incorporated under the law of Italy. Clan Celentano is responsible for managing and licensing the international intellectual property rights in connection with Adriano Celentano.
Mr. Celentano has been in the entertainment services industry since 1957, since when he has acquired prominence in a number of different entertainment genres, including: as a singer, TV presenter and actor, throughout Italy, the rest of Europe and around the world. Mr. Celentano has achieved considerable prominence in each of these entertainment fields, having sold millions of copies of his records, having acted in over 40 films, including having a role in the oscar-nominated “La dolce vita”, and as a TV presenter, whose recent TV shows have been broadcast throughout the world, including, Europe, Asia, Oceania, Africa, Latin America and North America, including his recent TV show, entitled, “Rockpolitik” broadcast in October 2005, with audience ratings of more than 15 million viewers.
In addition to the very substantial goodwill which Adriano Celenato has acquired in his name, the Complainants have various, national, Community and International registered trade marks for ADRIANO CELENTANO in various classes of goods and services, including:
ADRIANO CELENTANO Italian trademark application number MI2001C011356, registration no. 888952, filed on November 9, 2001, for the following classes of good and services: 9; 14; 15; 16; 18; 20; 25; 28; 32; 35;
ADRIANO CELENTANO Italian trademark application number MI2003C001298, registration no. 887459, filed on February 2, 2003, for the following classes of good and services: 41; 42;
ADRIANO CELENTANO Community trademark registration no. 003049129, filed on February 12, 2003, for the following classes of goods and services: 9; 14; 15; 16; 18; 20; 25; 28; 32; 35; 41; 42;
ADRIANO CELENTANO International trademark registration no. 807886, filed on April 17, 2003, claiming the Italian priority date of April 7, 2003, for the following classes of goods and services: 9; 14; 15; 16; 18; 20; 25; 28; 32; 35; 41; 42.
The Complainants have also registered top level domain names comprising ADRIANANO CELENTANO, including:
<adrianocelentano.org>, registered from January 7, 2000;
<adrianocelentano.biz>, registered from November 7, 2001;
<adrianocelentano.it>, registered from December 30, 2002;
<adrianocelentano.info>, registered from December 25, 2004;
<adrianocelentano.net>, registered from November 17, 2005.
The disputed domain name, <adrianocelentano.com>,
was registered on October 31, 2002. The domain name offers customers various
commercial websites to search, from which they can find a range of goods and
services, including travel, finance, toys etc, but which predominantly offer
various music-related goods and services, including music downloads. The web
site also provides details of websites from which Adriano Celenanto items can
be purchased, including eBay.
5. Parties’ Contentions
The domain name which is the subject of the Complaint incorporates Mr. Adriano Celentano’s personal name and the Complainants’ National Trade Mark Numbers MI2001C011356 and MI2003C001298, Community Trade Mark Number 003049129 and International Trade Mark Number 807886 in their entirety. Consequently, the domain name is identical with the Complainant’s registered trade mark rights.
The Complainants state that they have used the name of Mr. Adriano Celentano for more than 40 years in order to promote and distinguish the goods and services of Mr. Adriano Celentano as a well-known entertainer. The domain name is also identical to the Complainants’ prior unregistered rights in ADRIANO CELENTANO.
The Respondent’s domain name is not connected with Mr. Adriano Celentano, nor have the Complainants ever granted any licence or other right granting the Respondent any use of the name. The Respondent’s domain name is primarily used to offer a variety of recreational services, including travel, accommodation and holidays, but which primarily centers on music-related websites. The Complainants state that they have not authorised or licensed the Respondent to use ADRIANO CELENTANO. The Complainants’ legal advisors have contacted the Respondent, initially on April 22,2005, notifying the Respondent of the Complainants’ prior rights in the domain name and requesting the Respondent to cease use of and to transfer the domain name to their client. The Respondent has failed to respond to the Complainants or their legal representatives.
Given Mr. Celentano’s fame and the fact that the Complainants have used ADRIANO CELENTANO for promotional purposes for many years, the Respondent cannot reasonably contend that it is unaware of the existence of Mr. Adriano Celentano, the artist and the business carried out under that name. For these reasons, the Respondent does not have any legitimate rights or interest in the domain name.
The Respondent did not reply to the Complainant’s
6. Discussion and Findings
Under the Policy, the Complainant must prove that:
(i) the domain name is identical or confusingly similar to a trade mark or service mark in which it has rights; and
(ii) the Respondent has no rights or legitimate interests in respect of the domain name; and
(iii) the domain name has been registered and is being used in bad faith.
A. Identical or Confusingly Similar
The domain name is identical to the personal name of Mr. Adriano Celentano and is identical with the Complainants’ trade mark registrations referred to above. The domain name can have no other meaning. Internet users using the site would have reason to believe that the site is licensed by or in some way authorised by the Complainants, in particular, given that the focus of the website is music-related services and websites, which refer to Mr. Adriano Celentano specifically. For these reasons, the Panel considers that the domain name is identical with Mr. Adriano Celentano’s personal name and the Complainants’ registered trade marks.
B. Rights or Legitimate Interests
The Respondent has no connection with Mr. Adriano Celentano, neither is there any evidence that the Respondent is licensed or is authorised to use the Complainants’ trade marks. It is not the Respondent’s company name. The Respondent has failed to assert any rights in the domain name. In the absence of any such evidence, the Panel therefore concludes that the Respondent has no rights or legitimate interests in the domain name.
C. Registered and Used in Bad Faith
The Panel believes that the Respondent could not have been unaware of Mr. Adriano Celenatano at the time the domain name was registered given the considerable reputation of Mr. Adriano Celentano, the Italian trade mark registration, and the domain names: <adrianocelentano.org> (registered from January 7, 2000); and <adrianocelentano.biz> (registered from November 7, 2001), which predate the registration of the domain name in issue, and the fact that Mr. Adriano Celentano is referenced in person on the domain name. Indeed, one of the websites to which customers are directed includes details of where to purchase Mr. Adriano Celenatano’s items.
The Respondent has continued to use the domain name to attract traffic notwithstanding
that it has been notified of the Complainants’ rights by the Complainants’
legal representatives. The Respondent has failed to reply to the Complainants’
notifications. The Respondent has no reason to use the domain name; it is not
its company name, nor is it in any way indicative of the services being offered.
The Panel therefore concludes that the domain name has been registered and is
being used in bad faith.
For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain name <adrianocelentano.com> be transferred to the Complainant.
Dated: March 14, 2006