I am the owner of a trademark and only recently I have found out that someone has registered a domain name the same as my trademark. How is this possible and how can I take it back?

The domain names ending with “.it” (i.e. Ferrari.it) get assigned by the Italian Register without checking-up for any pre-existing marks similar or identical to the requested name. Therefore it is not at all “strange” that there is a domain name identical to a registered trademark, in fact these situations often arise. To evaluate whether there is a possibility of getting back a domain name corresponding to a trademark, some facts need to be considered. First of all we need to establish if the mark has been deposited before or after the other party got the domain name. In the second case it is unlikely to get the domain name in your favour, as the right over the mark has come about after the right over the domain name by someone else that, even though he has not a registered mark, can claim a right of pre-utilization. If, instead, the mark is prior, then there are good possibilities of getting it back. In order to do this it is possible to choose between going to a judge with an ordinary dispute and starting by asking for some urgent measure, or going to a conducting entity, meaning one of those private subjects authorised by the Italian Registry office to resolve this kind of conflicts. This is the quickest and most economical way, but in order to win you must have definite requisites, such as the bad faith of he who has registered the domain name and the absence of entitlement for the registration of the domain name. They are different presumptions compared to the ones that can be presented in an ordinary cause; therefore, before doing anything, the whole situation must be evaluated. For clarifications on this procedure consult the web site www.nic.it/NA/maps, or the site of one of the indicated conducting entity.