FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
THE DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS
The Complainant is the leading Italian banking group and also one of the protagonists in the European financial arena. Intesa Sanpaolo is the company resulting from the merger (effective as of January 1, 2007) between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., two of the top Italian banking groups.
Intesa Sanpaolo is among the top banking groups in the euro zone, with a market capitalization exceeding 38.1 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 3,900 branches capillary and well distributed throughout the Country, with market shares of more than 16% in most Italian regions, the Group offers its services to approximately 11.8 million customers. Intesa Sanpaolo has a strong presence in Central-Eastern Europe with a network of approximately 1,100 branches and over 7.2 million customers. Moreover, the international network specialized in supporting corporate customers is present in 25 countries, in particular in the Mediterranean area and those areas where Italian companies are most active, such as the United States, Russia, China and India.
Eurizon Capital SGR is the asset management company of the Intesa Sanpaolo Group, specialized in products for retail and institutional customers. Such company manages assets of around 255.4 billion Euros, and controls a market share of 15,3%, making it one of the largest Italian asset managers. On the other side, Eurizon Capital SA is an asset management company established in 1988 in the Grand Duchy of Luxembourg and fully owned by Eurizon Capital SGR, which manages and distributes Luxembourg based collective investment funds for retail and institutional clients. In Luxembourg, the company offers a broad range of services dedicated to institutional investors, including the possibility of setting up customized collective investment funds.
The Complainant is the owner, among others, of the following registrations for the trademarks “EURIZON REAL ASSET”, “EURIZON”, “EURIZON ASSET MANAGEMENT” and “INTESA EURIZON ASSET MANAGEMENT BELGRADE”:
-EU trademark registration n. 18107327 “EURIZON REAL ASSET”, filed on August 12, 2019 in classes 9, 16, 35, 36, 41 and 42;
-International trademark registration n. 1338441 “EURIZON”, granted on December 15, 2016, in class 36;
-International trademark registration n. 1015255 “INTESA EURIZON ASSET MANAGEMENT BELGRADE”, granted on August 6, 2009, and duly renewed, in classes 9, 16, 35, 36, 41 and 42;
-EU trademark registration n. 8447815 “INTESA EURIZON ASSET MANAGEMENT BELGRADE”, applied on July 24, 2009 and granted on January 12, 2010, in classes 9, 16, 35, 36, 41 and 42.
-EU trademark registration n. 16476418 “EURIZON ASSET MANAGEMENT & device”, applied on March 16, 2017 and granted on August 7, 2017, in classes 9, 16, 35, 36, 41 and 42.
The disputed domain name was registered on August 12, 2019.
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