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Offline AshSimmonds

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Automobili Lamborghini S.p.A. commonly referred to as Lamborghini, is an Italian sports car manufacturer, based in the small village of Sant'Agata Bolognese.

The company submitted a complaint with the WIPO Arbitration and Mediation Center requesting the domain names lamborghiniracingteam.com and lamborghiniteam.com to be transferred from the respondent to the complainant.

It is well known that Lamborghini has many national and international "Lamborghini" trademarks .  Therefore the domain names are confusingly similar to their trademark.

Moreover the complainant contends that the respondent has no rights or legitimate interest in respect of the domain names.

The interesting part comes now.

It seems that the respondent wanted in March 2009 to participate in the Lamborghini Blancpain Super Trofeo 2009.For this purpose,he ordered three Lamborghini Gallardo Super Trofeo racing vehicles for which he had to pay 730,000 Euro.

After signing the agreement for the vehicles,the respondent said he isn't able anymore to pay for the cars.Therefore,he decided to use the domain names in his own interest.the two domain names resolved to a website ,which features a page where sponsors looking for a racing team participating in the Lamborghini Blancpain Super Trofeo are directed to the respondent.

The complainant managed to demonstrate all three elements required for the two domain names to be transferred from the respondent to the complainant.Therefore .the Panel decided the disputed domain names , www.lamborghiniracingteam.com and www.lamborghiniteam.com to be transferred to Automobili Lamborghini Holding S.p.A.


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