With a 2016 decision, WIPO upheld the arbitration appeal presented by Moncler SpA, through the Barzanò & Zanardo firm, ordering the transfer of 50 domain names registered in violation of the Moncler brand rights.

The domains had been registered in the name of three Chinese citizens - Geryi Wang, Lee Fei and Yao Tom - and consisted of the well-known MONCLER brand combined with captivating terms such as "outlet", "vip", "store" aimed at attracting attention of consumers looking for Moncler branded products at discounted prices. However, all domains led to web pages almost identical to the official Moncler website but offered for sale counterfeit items advertised using original photos.

On the procedural level, according to art. 10 (e) of the UDRP Regulation, the arbitrators accepted the request to consolidate the various domains registered in the name of different subjects in a single proceeding, considering them subject to common control. For this purpose, the collaboration with DcP - Digital Content Protection - was important, which was able to enhance a series of typical technical-organizational factors, thus demonstrating the unique direction in the management of the 50 sites.

The arbitrator did not consider the presence of terms such as "outlet", "vip", "store" sufficient to exclude the similarity with the well-known MONCLER brand, given that the use of these terms was deemed to enhance and not decrease the likelihood of confusion. As for the absence of legitimate rights and interests and the bad faith of the three owners, the arbitrator considered decisive the fact that the related websites sold counterfeit goods, also giving weight to the written complaints of defrauded consumers. Finally, the registration of as many as 50 domains has demonstrated repeated conduct in bad faith by the registrants.

Such a result was only possible thanks to the virtuous collaboration between several subjects: from consumers who actively reported the violations in progress up to Moncler which - thanks to the fundamental technical and legal support of Barzanò & Zanardo and DCP - created the conditions for a effective synergy that has allowed the achievement of the important goal.