{ "case_number": "CAC-UDRP-101602", "time_of_filling": "2017-07-26 10:16:49", "domain_names": [ "BANCAINTESA-ONLINE.INFO" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Perani Pozzi Associati", "respondent": [ "Stuart Pearl" ], "respondent_representative": null, "factual_background": "The Complainant (Intesa Sanpaolo S.p.A.) is a leading Italian banking group and also one of the protagonists in the European financial arena. The Complainant is the company resulting from the merger (effective as of 1 January 2007) between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., two of the top Italian banking groups. \r\n\r\nThe disputed domain name was registered on 1 September 2007 and is held by the Respondent. \r\n\r\nThe disputed domain name is not currently associated with any active website.\r\n\r\nThe Complainant seeks transfer of the disputed domain name to the Complainant. \r\n", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the disputed domain name.", "no_response_filed": "The Parties' contentions are the following:\r\n\r\nCOMPLAINANT:\r\n\r\nCONFUSING SIMILARITY\r\n\r\nThe Complainant states that: \r\n\r\n- The disputed domain name contains “BANCA” and “INTESA” word elements of Complainant's trademarks in its entirety and it is therefore almost identical (i.e. confusingly similar) to Complainant’s trademarks.\r\n\r\n- The addition of the generic term “ONLINE“ adds no distinctiveness to the disputed domain name. \r\n\r\nThus, according to the Complainant the confusing similarity between Complainant’s trademarks and the disputed domain name is clearly established.\r\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS\r\n\r\nThe Complainant states that:\r\n\r\n- The Respondent has not been commonly known by the disputed domain name. \r\n\r\n- The Complainant has not authorized, permitted or licensed the Respondent to use Complainant’s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, the Respondent has not been commonly known by the disputed domain name.\r\n\r\n- Furthermore, the disputed domain name website has been inactive during its existence, which implies that there was no Respondent’s intention to use the disputed domain name for legitimate purposes.\r\n \r\n\r\nBAD FAITH REGISTRATION AND USE\r\n\r\nThe Complainant states that:\r\n\r\n - Seniority of the Complainant's trademarks predates the disputed domain name registration and such trademarks are well-known in relevant business circles. The Respondent can be considered to be aware of the Complainant's trademark when registering the disputed domain name due to well-known character thereof, which should have been checked by the Respondent by performing a simple internet search. \r\n\r\n - The disputed domain name (at the time of filing of the Complaint) did not resolve to any active website. In the light of the foregoing, the Complainant asserts that the disputed domain name was registered and used with the sole purpose of selling the disputed domain name to the Complainant.\r\n\t\r\n- It is well-founded that registration of the disputed domain name that is confusingly similar to the Complainant’s trademarks which enjoys strong reputation, plus other facts, such as above described non-use of the disputed domain name, are sufficient to establish bad faith under the 4(a)(iii) of the Policy.\r\n\r\n- The Complainant refers to previous domain name decisions contending that registering a domain name incorporating trademarks that enjoy high level of notoriety and well-known character constitute prima facie registration in bad faith, despite a fact that such domain names are not genuinely used.\r\n\r\n\r\n\r\nThe Complainant presents the following evidence which has been assessed by the Panel:\r\n\r\n-\tInformation about the Complainant and its business;\r\n-\tExcerpts from various trademark databases regarding Complainant's trademarks and copies of certificates of registration of such trademarks;\r\n-\tScreenshots of the disputed domain name website (evidencing non-use of the same);\r\n-\tScreenshots of Google search results for “Banca Intesa” \r\n-\tA letter from the Complainant to the Respondent (dated 20 June 2017) requesting the transfer of the disputed domain name to the Complainant.\r\n\r\nRESPONDENT:\r\nThe Respondent has not provided any Response to the Complaint.\r\n", "rights": "The Panel concluded that the disputed domain name is confusingly similar to trademarks in which the Complainant has rights within the meaning of paragraph 4(a)(i) of the Policy.\r\n\r\nFor details, see \"Principal Reasons for the Decision\".\r\n", "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name within the meaning of paragraph 4(a)(ii) of the Policy.\r\n\r\nFor details, see \"Principal Reasons for the Decision\".\r\n", "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith within the meaning of paragraph 4(a)(iii) of the Policy.\r\n\r\nFor details, see \"Principal Reasons for the Decision\".\r\n", "procedural_factors": "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.", "decision": "Accepted", "panelists": [ "JUDr. Jiří Čermák" ], "date_of_panel_decision": "2017-08-25 00:00:00", "informal_english_translation": "The Complainant is, inter alia, a registered owner of the following trademarks containing word elements \"BANCA\" and “INTESA”:\r\n\r\n(i)\tBANCA INTESA (word), EU Trademark, filing (priority) date 24 March 1998, filing no. 779793, registered for goods and services in classes 9, 16, 36, 38, 41, and 42.\r\n\r\n(ii)\tBANCA INTESA (word in special characters), international (WIPO) trademark, priority date 27 May 2004, registration date 24 June 2004, trademark no. 831572, registered for services in classes 36;\r\n\r\nbesides other national (e.g. Italian) trademarks consisting of the \" INTESA \" denomination.\r\n(collectively referred to as \"Complainant's trademarks\").\r\n\r\nThe Complainant has also registered a number of domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term “INTESA” or “BANCA INTESA”.\r\n", "decision_domains": { "BANCAINTESA-ONLINE.INFO": "TRANSFERRED" }, "panelist": null, "panellists_text": null }