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decision hugo boss trademark management gmbh & co., kg and hugo boss ag v. luigii cardinaee claim number: fa1705001733894 parties complainant is hugo boss trademark management gmbh & co., kg and hugo boss ag ("complainant"), represented by roxana a. sullivan of dennemeyer & associates, llc , illinois, usa. respondent is luigii cardinaee ("respondent"), italy. registrar and disputed domain name the domain name at issue is <hugo-boss.us> , registered with 1api gmbh . panel the undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as panelist in this proceeding. david e. sorkin as panelist. procedural history complainant submitted a complaint to the forum electronically on may 31, 2017; the forum received payment on may 31, 2017. on june 2, 2017, 1api gmbh confirmed by email to the forum that the <hugo-boss.us> domain name is registered with 1api gmbh and that respondent is the current registrant of the name. 1api gmbh has verified that respondent is bound by the 1api gmbh registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with the u.s. department of commerce's ustld dispute resolution policy (the "policy"). on june 5, 2017, the forum served the complaint and all annexes, including a written notice of the complaint, setting a deadline of june 26, 2017 by which respondent could file a response to the complaint, via email to all entities and persons listed on respondent's registration as technical, administrative, and billing contacts, and to postmaster@hugo-boss.us. also on june 5, 2017, the written notice of the complaint, notifying respondent of the email addresses served and the deadline for a response, was transmitted to respondent via post and fax, to all entities and persons listed on respondent's registration as technical, administrative and billing contacts. having received no response from respondent, the forum transmitted to the parties a notification of respondent default. on june 28, 2017, pursuant to complainant's request to have the dispute decided by a single-member panel, the forum appointed david e. sorkin as panelist. having reviewed the communications records, the administrative panel (the "panel") finds that the forum has discharged its responsibility under paragraph 2(a) of the rules for ustld dispute resolution policy (the "rules") "to employ reasonably available means calculated to achieve actual notice to respondent" through submission of electronic and written notices, as defined in rule 1 and rule 2. therefore, the panel may issue its decision based on the documents submitted and in accordance with the ustld policy, ustld rules, the forum's supplemental rules and any rules and principles of law that the panel deems applicable, without the benefit of any response from respondent. relief sought complainant requests that the domain name be transferred from respondent to complainant hugo boss ag. parties' contentions a. complainant founded in 1924, complainant is a market leader in the premium and luxury segment of the global apparel market, with almost 14,000 employees and net annual sales of eur 2.7 billion. complainant uses the hugo boss mark in connection with its products. complainant owns various european community and international trademark registrations for the hugo boss mark. respondent is the registrant of the disputed domain name <hugo-boss.us> . the domain name resolves to a website entitled "hugo boss outlet | hugo boss store | hugo boss online," containing images copied from complainant's website, and offering various apparel items for sale. complainant states that it has not licensed or otherwise authorized respondent to use its mark, and that respondent is not known by the disputed domain name. complainant contends, on the above grounds, that the disputed domain name is confusingly similar to a mark in which complainant has rights; that respondent has no rights or legitimate interests in respect of the disputed domain name; and that respondent registered and is using the disputed domain name in bad faith. b. respondent respondent failed to submit a response in this proceeding. findings the panel finds that the disputed domain name is identical or confusingly similar to a mark in which complainant has rights; that respondent lacks rights or legitimate interests in respect of the disputed domain name; and that the disputed domain name was registered or is being used in bad faith. discussion paragraph 15(a) of the rules instructs this panel to "decide a complaint on the basis of the statements and documents submitted in accordance with the policy, these rules and any rules and principles of law that it deems applicable." paragraph 4(a) of the policy requires that complainant must prove each of the following three elements to obtain an order that a domain name should be cancelled or transferred: (1) the domain name registered by respondent is identical or confusingly similar to a trademark or service mark in which complainant has rights; and (2) respondent has no rights or legitimate interests in respect of the domain name; and (3) the domain name has been registered or is being used in bad faith. given the similarity between the uniform domain name dispute resolution policy ("udrp") and the ustld policy, the panel will draw upon decisions rendered under the udrp as applicable in rendering its decision. in view of respondent's failure to submit a response, the panel shall decide this administrative proceeding on the basis of complainant's undisputed representations pursuant to paragraphs 5(f), 14(a) and 15(a) of the rules and draw such inferences it considers appropriate pursuant to paragraph 14(b) of the rules. the panel is entitled to accept all reasonable allegations and inferences set forth in the complaint as true unless the evidence is clearly contradictory. see vertical solutions mgmt., inc. v. webnet-marketing, inc. , fa 95095 (forum july 31, 2000) (holding that the respondent's failure to respond allows all reasonable inferences of fact in the allegations of the complaint to be deemed true); see also talk city, inc. v. robertson , d2000-0009 (wipo feb. 29, 2000) ("in the absence of a response, it is appropriate to accept as true all allegations of the complaint."). identical and/or confusingly similar the disputed domain name <hugo-boss.us> corresponds to complainant's hugo boss mark, substituting a hyphen for the space and adding the ".us" top-level domain. it is thus identical or, at least, confusingly similar to complainant's mark for purposes of the policy. see, e.g., ford motor co. & ford motor credit co. v. florida auto solutions , fa 1212882 ( forum aug. 8, 2008) (finding <ford-credit.us> confusingly similar to ford credit); aarc, inc. v. doug petrie , fa 1069923 ( forum oct. 16, 2007) (finding <advance-america.us> identical to advance america); hugo boss trade mark management gmbh & co. kg , hugo boss ag v. marco scheffler , d2005-0842 (wipo oct. 14, 2005) (finding <hugo-boss.org> identical or confusingly similar to hugo boss); hugo boss a.g. v. lukcylukes a.k.a. luckylukes.com a.k.a. david lie , das2000-0001 (wipo nov. 27, 2000) (finding <hugo-boss.as> confusingly similar to hugo boss). the panel so finds. rights or legitimate interests under the policy, the complainant must first make a prima facie case that the respondent lacks rights and legitimate interests in the disputed domain name, and then the burden shifts to the respondent to come forward with concrete evidence of such rights or legitimate interests. see hanna-barbera prods., inc. v. entm't commentaries , fa 741828 ( forum aug. 18, 2006). the disputed domain name corresponds to complainant's registered mark, and it is being used to impersonate complainant and sell what presumably are counterfeit goods. such use does not give rise to
Informations Whois
Whois est un protocole qui permet d'accéder aux informations d'enregistrement.Vous pouvez atteindre quand le site Web a été enregistré, quand il va expirer, quelles sont les coordonnées du site avec les informations suivantes. En un mot, il comprend ces informations;
Domain Name: HUGO-BOSS.US
Domain ID: D46327457-US
Sponsoring Registrar: 1API GMBH
Sponsoring Registrar IANA ID: 1387
Registrar URL (registration services): www.1api.de
Domain Status: clientDeleteProhibited
Domain Status: clientTransferProhibited
Domain Status: clientUpdateProhibited
Registrant ID: CR174702704
Registrant Name: Luigii Cardinaee
Registrant Address1: via leon pan 1866
Registrant City: roma
Registrant State/Province: Rome
Registrant Postal Code: 00147
Registrant Country: Italy
Registrant Country Code: IT
Registrant Phone Number: +39.3485265821
Registrant Email: madeinputian@hotmail.com
Registrant Application Purpose: P3
Registrant Nexus Category: C11
Administrative Contact ID: CR174702706
Administrative Contact Name: Luigii Cardinaee
Administrative Contact Address1: via leon pan 1866
Administrative Contact City: roma
Administrative Contact State/Province: Rome
Administrative Contact Postal Code: 00147
Administrative Contact Country: Italy
Administrative Contact Country Code: IT
Administrative Contact Phone Number: +39.3485265821
Administrative Contact Email: madeinputian@hotmail.com
Administrative Application Purpose: P3
Administrative Nexus Category: C11
Billing Contact ID: CR174702707
Billing Contact Name: Luigii Cardinaee
Billing Contact Address1: via leon pan 1866
Billing Contact City: roma
Billing Contact State/Province: Rome
Billing Contact Postal Code: 00147
Billing Contact Country: Italy
Billing Contact Country Code: IT
Billing Contact Phone Number: +39.3485265821
Billing Contact Email: madeinputian@hotmail.com
Billing Application Purpose: P3
Billing Nexus Category: C11
Technical Contact ID: CR174702705
Technical Contact Name: Luigii Cardinaee
Technical Contact Address1: via leon pan 1866
Technical Contact City: roma
Technical Contact State/Province: Rome
Technical Contact Postal Code: 00147
Technical Contact Country: Italy
Technical Contact Country Code: IT
Technical Contact Phone Number: +39.3485265821
Technical Contact Email: madeinputian@hotmail.com
Technical Application Purpose: P3
Technical Nexus Category: C11
Name Server: F1G1NS1.DNSPOD.NET
Name Server: F1G1NS2.DNSPOD.NET
Created by Registrar: GODADDY.COM, INC.
Last Updated by Registrar: 1API GMBH
Last Transferred Date: Thu Jul 07 16:06:39 GMT 2016
Domain Registration Date: Tue Aug 19 20:58:18 GMT 2014
Domain Expiration Date: Fri Aug 18 23:59:59 GMT 2017
Domain Last Updated Date: Thu Jun 01 13:07:26 GMT 2017
DNSSEC: false
>>>> Whois database was last updated on: Fri Jul 14 18:35:39 GMT 2017 <<<<
NeuStar, Inc., the Registry Administrator for .US, has collected this
information for the WHOIS database through a .US-Accredited Registrar.
This information is provided to you for informational purposes only and is
designed to assist persons in determining contents of a domain name
registration record in the NeuStar registry database. NeuStar makes this
information available to you "as is" and does not guarantee its accuracy.
By submitting a WHOIS query, you agree that you will use this data only for
lawful purposes and that, under no circumstances will you use this data:
(1) to allow, enable, or otherwise support the transmission of mass
unsolicited, commercial advertising or solicitations via direct mail,
electronic mail, or by telephone; (2) in contravention of any applicable
data and privacy protection laws; or (3) to enable high volume, automated,
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NOTE: FAILURE TO LOCATE A RECORD IN THE WHOIS DATABASE IS NOT INDICATIVE
OF THE AVAILABILITY OF A DOMAIN NAME.
All domain names are subject to certain additional domain name registration
rules. For details, please visit our site at www.whois.us.
REFERRER http://www.neustar.us
REGISTRAR NEUSTAR INC.
SERVERS
SERVER us.whois-servers.net
ARGS hugo-boss.us
PORT 43
TYPE domain
RegrInfo
DOMAIN
NAME hugo-boss.us
HANDLE D46327457-US
SPONSOR 1API GMBH
STATUS
clientDeleteProhibited
clientTransferProhibited
clientUpdateProhibited
NSERVER
F1G1NS1.DNSPOD.NET 58.247.212.36
F1G1NS2.DNSPOD.NET 182.140.167.188
CREATED 2014-08-19
EXPIRES 2017-08-18
CHANGED 2017-06-01
OWNER
HANDLE CR174702704
NAME Luigii Cardinaee
ADDRESS
STREET
via leon pan 1866
CITY roma
STATE Rome
PCODE 00147
COUNTRY Italy
PHONE +39.3485265821
EMAIL madeinputian@hotmail.com
ADMIN
HANDLE CR174702706
NAME Luigii Cardinaee
ADDRESS
STREET
via leon pan 1866
CITY roma
STATE Rome
PCODE 00147
COUNTRY Italy
PHONE +39.3485265821
EMAIL madeinputian@hotmail.com
BILLING
HANDLE CR174702707
NAME Luigii Cardinaee
ADDRESS
STREET
via leon pan 1866
CITY roma
STATE Rome
PCODE 00147
COUNTRY Italy
PHONE +39.3485265821
EMAIL madeinputian@hotmail.com
TECH
HANDLE CR174702705
NAME Luigii Cardinaee
ADDRESS
STREET
via leon pan 1866
CITY roma
STATE Rome
PCODE 00147
COUNTRY Italy
PHONE +39.3485265821
EMAIL madeinputian@hotmail.com
REGISTERED yes
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