M0rd0r
Established Member
- Impact
- 399
Hi domain wizards!
I have just received the following email and I would like to have your advice, because I don't know what to do in this case, the domain name is vespa.fun.
This message has been forwarded to you as part of your domain registration services. All content below was provided by the sender.
Sender name: Luca Barbero
Sender email: [email protected]
Subject: RE: Infringing registration and use of the domain name vespa.fun
Body:
Dear Sirs,
1. We convey this cease and desist demand letter in the name and on behalf of Piaggio & C. S.p.A., headquartered at Viale Rinaldo Piaggio, 25 - 56025 Pontedera, Pisa (Italy).
2. As you are certainly aware, the Piaggio Group is the largest European manufacturer of two-wheeled motor vehicles and one of the world's leaders in its sector. Piaggio & C. S.p.A. is the owner, amongst others, of the trademark VESPA, with registrations in Italy and in many other countries. In this regard, we cite inter alia, for your ease of reference, the following Trademark Registrations:
Italian Trademark Registration No. 0000927192 of April 16, 2004 (word mark) in classes 9, 18 and 25;
European Trademark Registrations Nos. 001219963 (word mark) of October 9, 2000 in classes 14, 16 and 28, 010821775 (word mark) of September 14, 2012 in class 25;
International Trademark Registration Nos. 137197 of June 23, 1948 in classes 6 and 12; 437943 (word mark) of April 20, 1978 in class 12; 598112 (word mark) of February 10, 1993 in classes 9, 18 and 25.
3. Please be advised that Piaggio & C. S.p.A. has also secured registrations in many other jurisdictions, including but not limited to, Australia, Benelux, Georgia, Germany, Hong Kong, Japan, India, Lithuania, Russian Federation, Singapore, South Korea, United Kingdom and United States of America; the trademark VESPA is certainly well-known and it has become the icon for mobility on two wheels in the world.
4. Our client has become aware that you registered the domain name vespa.fun without any prima facie rights or legitimate interests on said distinctive sign. We note that your registration of a domain name identical to our client’s trademark constitutes a clear infringement of our client’s trademark rights due to the evident risk of confusion with the subject domain name. Please be also advised that Courts in different jurisdiction and Arbitration Panels repeatedly stated that registering a third party’s trademark as a domain name (the so called “domain name grabbing” or “abusive registration of a domain name”) is to be considered a violation of intellectual property rights, and, in some instances, as well an act of unfair competition.
5. Furthermore, we have ascertained that you are redirecting the domain name vespa.fun to a website publishing a notice that vespa.fun is offered for sale for a sum well-over than the mere out-of-pocket costs.
6. In view of the above, we hereby request that you:
a) immediately cease any use of the domain name vespa.fun;
b) confirm, in writing to our attention, your decision to immediately transfer the above-captioned domain name, free of any charges, to our client;
c) undertake not to register and/or use the designation VESPA as a trademark, as a domain name, as a trade name, business sign or, more generally, as a distinctive sign.
7. We are confident that you will timely comply with the demands of Piaggio & C. S.p.A. set forth herein. However, please be advised that, in absence of your compliance with our client’s requests set forth supra in Paragraph 6 or your detailed reply on the merits of the present issue, within
7 days
from receipt of this letter, our client may consider enforcing its intellectual property rights, by any means and in any venue deemed appropriate, also with the assistance of our local correspondents in your country. We note that this letter is written without prejudice to, or waiver of, Piaggio & C. S.p.A’s rights and remedies worldwide, all of which are hereby expressly reserved.
Sincerely,
STUDIO BARBERO
Any advice?
Thanks in advance
I have just received the following email and I would like to have your advice, because I don't know what to do in this case, the domain name is vespa.fun.
This message has been forwarded to you as part of your domain registration services. All content below was provided by the sender.
Sender name: Luca Barbero
Sender email: [email protected]
Subject: RE: Infringing registration and use of the domain name vespa.fun
Body:
Dear Sirs,
1. We convey this cease and desist demand letter in the name and on behalf of Piaggio & C. S.p.A., headquartered at Viale Rinaldo Piaggio, 25 - 56025 Pontedera, Pisa (Italy).
2. As you are certainly aware, the Piaggio Group is the largest European manufacturer of two-wheeled motor vehicles and one of the world's leaders in its sector. Piaggio & C. S.p.A. is the owner, amongst others, of the trademark VESPA, with registrations in Italy and in many other countries. In this regard, we cite inter alia, for your ease of reference, the following Trademark Registrations:
Italian Trademark Registration No. 0000927192 of April 16, 2004 (word mark) in classes 9, 18 and 25;
European Trademark Registrations Nos. 001219963 (word mark) of October 9, 2000 in classes 14, 16 and 28, 010821775 (word mark) of September 14, 2012 in class 25;
International Trademark Registration Nos. 137197 of June 23, 1948 in classes 6 and 12; 437943 (word mark) of April 20, 1978 in class 12; 598112 (word mark) of February 10, 1993 in classes 9, 18 and 25.
3. Please be advised that Piaggio & C. S.p.A. has also secured registrations in many other jurisdictions, including but not limited to, Australia, Benelux, Georgia, Germany, Hong Kong, Japan, India, Lithuania, Russian Federation, Singapore, South Korea, United Kingdom and United States of America; the trademark VESPA is certainly well-known and it has become the icon for mobility on two wheels in the world.
4. Our client has become aware that you registered the domain name vespa.fun without any prima facie rights or legitimate interests on said distinctive sign. We note that your registration of a domain name identical to our client’s trademark constitutes a clear infringement of our client’s trademark rights due to the evident risk of confusion with the subject domain name. Please be also advised that Courts in different jurisdiction and Arbitration Panels repeatedly stated that registering a third party’s trademark as a domain name (the so called “domain name grabbing” or “abusive registration of a domain name”) is to be considered a violation of intellectual property rights, and, in some instances, as well an act of unfair competition.
5. Furthermore, we have ascertained that you are redirecting the domain name vespa.fun to a website publishing a notice that vespa.fun is offered for sale for a sum well-over than the mere out-of-pocket costs.
6. In view of the above, we hereby request that you:
a) immediately cease any use of the domain name vespa.fun;
b) confirm, in writing to our attention, your decision to immediately transfer the above-captioned domain name, free of any charges, to our client;
c) undertake not to register and/or use the designation VESPA as a trademark, as a domain name, as a trade name, business sign or, more generally, as a distinctive sign.
7. We are confident that you will timely comply with the demands of Piaggio & C. S.p.A. set forth herein. However, please be advised that, in absence of your compliance with our client’s requests set forth supra in Paragraph 6 or your detailed reply on the merits of the present issue, within
7 days
from receipt of this letter, our client may consider enforcing its intellectual property rights, by any means and in any venue deemed appropriate, also with the assistance of our local correspondents in your country. We note that this letter is written without prejudice to, or waiver of, Piaggio & C. S.p.A’s rights and remedies worldwide, all of which are hereby expressly reserved.
Sincerely,
STUDIO BARBERO
Any advice?
Thanks in advance
Last edited: