Domain Name Dispute By Design...
The Complainant, Rocco Barocco, is a well-known Italian fashion designer who has registered his name as a trademark in several countries in the field of fashion, design and accessories. His chief website can be found at "www.roccobarocco.it". Respondent has a pattern of registering other well-known trademarks as part of domain names and, apparently by design, registered the disputed domain "www.roccobarocco.com".
Faced with no reply by the Respondent to the Complainant's contentions, the sole panelist readily ordered transfer of the disputed domain based upon the fact that the domain was identical to Complainant's trademark, there was no evidence of rights or legitimate interest of the Respondent in the domain name and the record was clearly indicative that Respondent had registered and used the domain in bad faith. In so holding, the Panelist cited to the facts that: Respondent offered to sell the domain to the highest bidder on its website; Complainant and his trademark are well-known in the fashion industry; and Respondent had a history of cybersquatting.
A curious element to the Panel's decision involved the proper language for the proceeding and decision. The registration agreement for the disputed domain name was in Russian. Pursuant to paragraph 11 of the UDRP Rules, in the absence of an agreement between the parties, or specified otherwise in the registration agreement, the language of the administrative proceeding shall be the language of the registration agreement, subject to the Panel's authority to determine otherwise, having regard to the circumstances of the proceeding. Here, in determining that the proceedings and the decision would be in English, the Panel noted that the Complainant had submitted a request that English be the language of the proceeding, plus the Center had notified the Complaint in both Russian and English. Barocco Roma srl Unipersonale v. Eurobox Ltd./Whois privacy services, provided by DomainProtect LLC/"Barocco Roma srl Unipersonale", WIPO Case No. D2008-0047