WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Alpargatas S.A. v. P, Savvy Investments, LLC Privacy ID# 884284 Case No. D2019-0777 1. The Parties

The Complainant is Alpargatas S.A. of Brazil, represented by Murta Goyanes Advogados, Brazil.

The Respondent is P, Savvy Investments, LLC Privacy ID# 884284 of United States of America (“United States”). 2. The Domain Name and Registrar

The disputed domain name is registered with F (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on April 4, 2019. On April 5, 2019, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On April 8, 2019, the Registrar transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Complainant filed an amended Complaint on April 20, 2019.

The Center verified that the Complaint together with the amended 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 April 26, 2019. In accordance with the Rules, paragraph 5, the due date for Response was May 16, 2019. The Respondent did not submit any response. Accordingly, the Center notified the Respondent’s default on May 17, 2019.

The Center appointed Knud Wallberg as the sole panelist in this matter on May 22, 2019. 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. 4. Factual Background

The Complainant, Alpargatas, was founded in 1907 and is a leading and world-renowned Brazilian footwear company that, in particular has become famous for its flip-flops sold under the trademark HAVAIANAS. The Complainant is, inter alia, holder of the United States trademark HAVAIANAS (word mark), registered on July 18, 1995, registration number: 74435305, for goods in class 25 (footwear).

According to the Complainant, because of its lengthy, large-scale and intensive use, the trademark is a “well known trademark” within the meaning of Article 125 of the Brazilian Industrial Property Law.

In addition, the Complainant has registered several domain names composed by the said mark, including but not limited to , , and .

The Respondent registered the disputed domain name on August 8, 2002, and it resolves to a pay-per-click (“PPC”) website with links related to flip-flops. 5. Parties’ Contentions A. Complainant

The disputed domain name is confusingly similar to the Complainant’s famous HAVAIANAS mark since it incorporates the mark in its entirety. The only difference is the absence of the letter “s” at the end of the “havaiana” name.

The Complainant asserts that the Respondent has no rights or legitimate interests in the disputed domain name. The Complainant has never authorized the Respondent to register the disputed domain name and since the disputed domain name has been used and continues to be used for a pay-per-clickwebsite that contains links to third party websites that purportedly offer footwear including footwear of competitors of the Complainant, the Respondent is not using the disputed domain for a bona fide offering of goods and services, nor is the Respondent making a noncommercial or fair use of the disputed domain name. The Complainant emphasizes that although “havaiana” is a dictionary word (as it means “Hawaiian”, in Portuguese), the Respondent does not use the disputed domain name to provide content related to the meaning of the term “havaiana”, but to content that relates to the Complainant’s trademark.

Finally, the Complainant asserts that given the fame of Complainant’s trademark HAVAIANAS and the Complainant’s numerous prior rights in the mark, the Respondent must have been aware of the Complainant’s rights at the time of registration of the disputed domain name. Further, the Respondent uses the disputed domain name actively in a way that intentionally attempts to attract, for commercial gain, Internet users to