Well a lot of water has passed under the bridge and I haven't heard a thing since responding with the letter in 2009.
This morning I get another letter from the same Studio Barbero:
1. In light of the renewed interest of our client for the domain name <ferrariaustralia.com>, we acknowledge receipt of your email below. In your communication you asked
(i) for us to “supply the exact Trademarks and other Registrations that apply to the Australian jurisdiction”;
(ii) for us to demonstrate your breach of Ferrari S.p.A.’s Intellectual Property Rights, pursuant the ICANN UDRP policy; and
(iii) to provide the proof that Ferrari S.p.A. has entrusted the matter with us.
2. With reference to point (i), please be advised that you can also find all the Trademarks registered and valid in Australia through the Australian Trademarks Office database, which can be found at http://pericles.ipaustralia.gov.au/atmoss/falcon.application_start
. As you will see, 86 search results will come out and the greatest part is registered by our client.
3. As you have stated in your letter, according to the ICANN UDRP procedure, three are the requirements to be satisfied in order for the Registered Trademark owner to have the “grabbed” domain name transferred: identity or similarity between the registered trademark and the domain name, legitimate interest and bad faith of the Registrant. Please, be advised that, pursuant to the WIPO jurisprudence on domain names registration and transfer, the combination of the full wordmark “FERRARI” followed by a geographical indication (in this case “Australia”) does not at all exclude confusing similarity.
4. Moreover Ferrari is a certainly well-known mark all over the world. As you certainly are fully aware, well-known marks can profit from a deeper protection if confronted with other less notorious trademarks. We also note that Ferrari S.p.A. has never authorized you to register this domain name, confusingly similar to its trademark, neither your surname is identical to the wordmark, thus there is no prima facie legitimate interest for you to register the above captioned domain name and certifies you were aware of the Ferrari Trademarks at the moment of the registration.
5. Attached please find a copy of the Power of Attorney signed by the actual Ferrari S.p.A. Head of Legal Department, which certifies that we are acting on behalf of Ferrari S.p.A.
In light of the fact that we have addressed all your requests, we trust that you will comply with our requests. Notwithstanding the disclaimer that you have added after our Cease and Desist Letter, your use of the domain name is unlawful.