The House of Gucci founded by Guccio Gucci in 1921,submitted a complaint with WIPO Arbitration and Mediation Center,claiming rights over gucciwell.com .
The fashion house owns many trademark registrations for the "Gucci" mark.Therefore,they contended that the disputed domain name is confusingly similar to its trademark.
Moreover,they contended that the respondent registered and used the disputed domain name in bad faith.
"The disputed domain name resolves to the Respondent’s website which displayed the GUCCI trade mark and various products bearing the GUCCI mark alongside with those of competitors such as Burberry’s which are apparently also offered for sale. The Complainant claims that the products bearing the GUCCI mark as shown on the Respondent’s website are prima facie counterfeits. "
However,the respondent sent 5 identically e-mails to the Center : "My website don’t sell bags, it only provide knowledge about Gucci bags. In my website there is not [another version: there don’t have] a cart, people don’t buy gucci bags in my website, they can know information about gucci bags.”
Because the respondent sent his emails one day after the due date for filing its response and because the complainant managed to demonstrate all the elements needed,the Panel ordered that the disputed domain name be transferred from the respondent to the complainant.
You can read the decision here .
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