Decisión del Panel Administrativo nº D2017-1549 of WIPO Arbitration and Mediation Center, October 29, 2017 (case Empresas Carozzi S.A. v. Perfect Privacy, LLC / Carolina Macedo)
| Resolution Date | October 29, 2017 |
| Issuing Organization | WIPO Arbitration and Mediation Center |
| Decision | Complaint denied |
| Dominio | Generic Domains |
The Complainant is Empresas Carozzi S.A. of Las Condes, Chile, represented by Dellafiori Abogados, Chile.
The Respondent is Perfect Privacy, LLC of Jacksonville, Florida, the United States of America / Carolina Macedo, Sao Paulo, Brazil, self-represented.
The disputed domain name [crueldadencarozzi.com] is registered with Network Solutions, LLC (the "Registrar").
The Complaint was filed in Spanish with the WIPO Arbitration and Mediation Center (the "Center") on August 9, 2017. On August 10, 2017, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On August 11, 2017, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on August 16, 2017 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on August 19, 2017.
The Center sent an email communication to the Parties on August 16, 2017 regarding the language of the proceedings, as the Complaint had been submitted in Spanish and the language of the registration agreement for the disputed domain name is English. The Complainant submitted a translation of the Complaint into English on August 19, 2017, and also requested Spanish to be the language of the proceedings. The Respondent submitted a request for English to be the language of the proceedings on August 21, 2017.
The Center verified that the Complaint together with the amendment to the Complaint and the amended Complaint (hereinafter referred altogether as the "Complaint") satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy" or "UDRP"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules"), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules").
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on August 23, 2017. In accordance with the Rules, paragraph 5, the due date for submitting the Response was September 12, 2017. The Response was filed with the Center on September 12, 2017 and the Respondent requested within the Response an extension of the Response due date to October 12, 2017. The Center granted a four-day-extension according to paragraph 5(b) of the Rules and informed the Parties the new deadline for a Response was September 23, 2017. The Respondent did not submit any further Response.
The Center appointed Kiyoshi Tsuru as the sole panelist in this matter on October 9, 2017. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
The Complainant is a Chilean company, whose main activity is the production and distribution of food products such as chocolates, pasta, sauces, sodas, desserts, and fruit pulps.
The Complainant holds, among others, the following trademark registrations:
| Trademark | Registration Number | Registration Date | Class | Jurisdiction |
| CAROZZI | 2405127 | September 2, 2011 | 31 | Argentina |
| CAROZZI | 162565-C | November 3, 2015 | 29 | Bolivia |
| CAROZZI (stylized) | 819374253 | November 9, 2010 | 32 | Brazil |
| CAROZZI (stylized) | 010623593 | February 7, 2022 | 29, 30 and 35 | European Union |
| CAROZZI | 840662 | January 18, 2013 | 30 | Canada |
| CAROZZI | 5547502 | October 14, 2014 | 30 | China |
| 3131958 | 3131958 | August 22, 2006 | 30 | United States of America |
The disputed domain name, [crueldadencarozzi.com], was registered by the Respondent on July 13, 2017.
The Respondent's website is associated with a movement that stands against the inhumane treatment of caged birds. The Respondent's website displays the statements "LA CRUELDAD DE LAS GALLINAS EN CAROZZI [stylized]" ("The cruelty to chicken in CAROZZI") and "¡FIRMA LA PETICIÓN!" ("Sign the petition!") in a prominent manner, alongside images of caged birds. The website contains a list of recommendations like signing a petition, protesting against the mistreatment of birds, spreading the message contained in the website, and suggesting new courses of action.
The Complainant argues the following:
That it owns the domain name [carozzi.cl], and is the owner of several other domain names.
That it has used the trademark CAROZZI for many years.
That the disputed domain name incorporates a well-known, famous and notorious brand, and that therefore the extra words added to the disputed domain name are insufficient to overcome the confusing similarity between the disputed domain name and the Complainant's trademarks.
That the incorporation of the words "crueldad en" (which translate into "cruelty in") into the disputed domain name results in a pejorative term. That this accusation is false and ignominious, and that it affects the image of the Complainant.
That the confusing similarity between the Complainant's brands and the disputed domain name is increased by the presence of the trademark CAROZZI on the website to which the disputed domain name resolves.
That the Respondent does not have the right to be the owner of the disputed domain name, because the Respondent has not been authorized to use the Complainant's trademark CAROZZI.
That the use of the disputed domain name discredits the trademark CAROZZI because the Respondent has not supported the accusations being made on the website to which...
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