{
    "case_number": "CAC-UDRP-101712",
    "time_of_filling": "2017-10-06 12:43:38",
    "domain_names": [
        "INTESA-CERTIFICA-NUMERO.CLOUD"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "MARIANGELA ESPOSITO"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe Complainant states that it is the leading Italian banking group and one of the protagonists in the European financial arena. \r\n\r\nIntesa Sanpaolo is among the top banking groups in the euro zone, with a market capitalisation exceeding 50,1 billion euro. It is the leader in Italy in all business areas (retail, corporate and wealth management) and has a strong presence in Central-Eastern Europe with a network of approximately 1.100 branches and over 7,7 million customers.  \r\n\r\nThe Complainant owns a number of trademarks that include the “Intesa” and “Intesa Sanpaolo” elements and numerous domain names bearing the signs “INTESA” and “INTESA SANPAOLO”. \r\n\r\nThe disputed domain name intesa-certifica-numero.cloud was registered by the Respondent on September 21, 2017. \r\n\r\nThe Complainant claims that the disputed domain name is confusingly similar to the Complainant’s “INTESA” and “INTESA SANPAOLO” trademarks. The disputed domain name consists of the distinctive term “INTESA” with the addition of the generic words “certifica” (the Italian for “certify”) and “numero” (the Italian for “number”), both merely descriptive and even alluding of the login online banking services offered by the Complainant to is clients, thus, the relevant trademark is recognizable within the disputed domain name.\r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DOMAIN NAME\r\n\r\nThe Complainant states that the Respondent has nothing to do with Intesa Sanpaolo, has not been authorized or licensed to use the “Intesa” marks and is not commonly known as “INTESA-CERTIFICA-NUMERO”. \r\n\r\nThe Complainant also notes that there is no any fair or non-commercial use in this case.\r\n\r\nTHE DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\n\r\nThe disputed domain name is not actively used.\r\n\r\nThe Complainant states that the trademarks “INTESA” and “INTESA SANPAOLO” are distinctive and well known all around the world and the very fact that the Respondent has registered a domain name that is confusingly similar to them indicates that the Respondent had knowledge of the Complainant’s trademark at the time of registration of the disputed domain name. \r\n\r\nThe Complainant alleges that the Respondent knew about the Complainant and its trademarks and the disputed domain name would not have been registered if it were not for Complainant’s trademark. \r\n\r\nThis, in the view of the Complainant, is a clear evidence of registration of the domain name in bad faith. \r\n\r\nThe Complainant refers to UDRP decisions as well as the “WIPO Overview of WIPO Views on Selected UDRP Questions” that confirm that the passive holding of a domain name with knowledge that the domain name infringes another party’s trademark rights is evidence of bad faith registration and use. \r\n\r\nThe Complainant also highlights the fact that it has already been targeted by some cases of phishing in the past few years and the circumstances of the present case, in the opinion of the Complainant, indicate that the disputed domain name was registered with the phishing purpose (Complainant’s trademark + descriptive terms alluding of the online banking services offered by the Complainant itself). \r\n\r\nBesides, the Complainant argues that any legitimate use of the disputed domain name by the Respondent is inconceivable. \r\n\r\nTherefore, the Complainant believes that that the Respondent registered the disputed domain name with the “phishing” purpose or to resell it to the Complainant and this confirms bad faith registration and use.\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy).",
    "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).",
    "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).",
    "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": [
        "Igor Motsnyi"
    ],
    "date_of_panel_decision": "2017-11-14 00:00:00",
    "informal_english_translation": "In this proceeding, the Complainant relies on the following trademarks:\r\n-\tIntesa (word) International Registration No. 793367, registered on September 04, 2002;\r\n-\tIntesa (word) US registration No. 4196961, registered on August 28, 2012;\r\n-\tIntesa (word) EU registration No. 012247979, registered on March 5, 2014;\r\n-\tIntesa Sanpaolo (word) International Registration No. 920896, registered on March 07, 2007;\r\n-\tIntesa Sanpaolo (word) EU registration No.00 5301999, registered on June 18, 2007;\r\n-\tIntesa Sanpaolo & device EU registration No 005421177, registered on November 05, 2007.\r\n",
    "decision_domains": {
        "INTESA-CERTIFICA-NUMERO.CLOUD": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}