The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.
The disputed domain name <SICUREZZA-INTESA-SAN-PAOLO.ONLINE> is registered in the name 'alberto porro', whereas the disputed domain name <INTESA-SAN-PAOLO-SICUREZZA.ONLINE> is registered in the name 'valeria nadal'. The Complainant has requested that the two domain names be dealt with in a single Decision, and provided, in the Amended Complaint, factual and legal evidence in support of this submission. The Panel recalls that paragraph 4(f) of the Policy empowers a Panel to consolidate, at its sole discretion, 'multiple disputes' between a Respondent and Complainant) and notes rule 10(e) of the UDRP Rules (in similar terms), and the absence of any further reference to consolidation in the Supplemental Rules of the Provider.
The Panel is also assisted by reference works (T Bettinger and A Waddell, Domain name law and practice (2nd edn, Oxford University Press, 2015) at IIIE.106)) and the WIPO Jurisprudential Overview at 4.11.2 (where a lengthy list of relevant factors is set out). The broad acceptance of common principles for assessing requests to consolidate is also found in decisions by Panels at the present Provider, where consolidation has been requested and has taken place, e.g. CAC Case 102624 TOD'S S.p.A. v PrivacyGuardian.org; CAC Case 102078 Mammut Sports Group v Xian Wei Fa; CAC Case 101772 Novartis AG v novartis, and in the Panel's own previous decision in CAC Case 102671 UMG Recordings Inc. v Ashley Wilson / Malik Hall. Many of these decisions cite with approval the well-known decision in WIPO Case No. D2010-0281 Speedo Holdings B.V. v. Programmer, Miss Kathy Beckerson, John Smitt, Matthew Simmons.
Reviewing these Decisions and authorities discloses a range of factors taken into account including:
(1) a similar pattern of behaviour in managing the disputed domain name,
(2) similarities in contact details (in part or in full), and
(3) factors relating to the names themselves.
In the present case, the first point is demonstrated through the registration of both names within a couple of days, with the same Registrar and privacy protection service. (The Panel does not rely upon the Complainant's contention that the disputed domain names are being used with a 'common DNS', as there is no further discussion or evidence of such in the Complaint). The second point is less relevant in the present case, with the only common factor being the presence of (fictional) addresses in different cities in Italy - which is of limited weight. The third point is however considerably more important, in that both names make use of the same (or substantially similar) variation on the Complainant's well-known mark, through the addition of 'sicurezza'. The Panel therefore finds that the Complainant makes a reasonable case for consolidation in the present proceedings, noting that the Respondent, or Respondents, has or have been given an opportunity to respond to the proposal for consolidation, with no such response having been received. As such, the Panel proceeds on the basis that the disputed domain names are subject to common control, and that it would fair and equitable to all parties to consolidate (see Jurisprudential Overview, cited above).
|