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Post by account_disabled on Nov 30, 2023 2:57:30 GMT -8
Monza challenged the car dealer on three different points: The domain name acmonza.com (subject of the appeal) fully incorporates and is similar to the trademark and name of the Associazione Calcio Monza, generating confusion. The accused has no legitimate right to the disputed domain name: he is not known by the name AC Monza and is not authorized to use this name. The accused registered and uses Special Data the disputed domain name in bad faith . The litigation made it possible to ascertain that the disputed domain name is identical to the ACMONZA trademark to which the Associazione Calcio Monza has the rights and that the car dealer "Automobile Club Monza" is not recognized as AC Monza. Furthermore, the domain was registered and used in bad faith , considering that the registration took place on the same day in which the Italian press confirmed the news of the purchase of AC Monza by Fininvest. Based on the evidence presented, the WIPO Arbitration and Mediation Center decided that the domain acmonza. transferred to the Associazione Calcio Monza , which can now use it for its official website . As stated in a note from the company «The new direction will allow greater recognisability and reliability of the official contents of AC Monza throughout the world.» What to do to recover a domain registered by others? Domains follow the "first come, first served" rule : the first to request a free domain has the right to register it.
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