Moncler, the French-Italian brand known for its down parkas, has secured the transfer of 50 domain names that had been registered in its name by three Chinese residents. According to the World Intellectual Property Organization, the domains were registered last year by Chinese residents Yao Tom and Lee Fei of Fuzhou, and Geryi Wang of Xiamen in bad faith and used to sell counterfeit Moncler goods. Moncler initiated suit against the defendants in December 2015, alleging claims of trademark counterfeiting and cybersquatting, among others.
According to WIPO, “Moncler said that all of the domains include the registered trademark ‘Moncler’ and that most of them ‘identically reproduced a substantial portion’ of its official website, and adopted the same format and wording, but delivered low quality counterfeit goods.”
Douglas Isenberg of the Arbitration and Mediation Center at the World Intellectual Property Organization issued a decision on January 18, holding that Moncler had “satisfied the three requirements needed to win a domain name transfer: the dispute domains are confusingly similar to the complainant’s domains or trademarks; the registrants have no legitimate interest in the domains; and the domains were registered in bad faith.” Isenberg further held the defendants had engaged in a “pattern of conduct” that constitutes bad faith.