{
    "case_number": "CAC-UDRP-101881",
    "time_of_filling": "2018-02-13 13:06:42",
    "domain_names": [
        "TR-INTESASANPAOLO.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Cyber Operations Team"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n\r\nThe Complainant is an Italian leader banking group and also one of the protagonists in the European financial arena. .\r\n\r\nIntesa Sanpaolo is among top banking groups in the euro zone, with a market capitalisation exceeding 46,4 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 4,800 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 12,6 million customers. Intesa Sanpaolo has a strong presence in Central-Eastern Europe with a network of approximately 1.100 branches and over 7,6 million customers. Moreover, the international network specialised in supporting corporate customers is present in 26 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.\r\n\r\nThe Complainant is the owner, among others, of the following registrations for the trademark \"INTESA SANPAOLO\" :\r\n\r\nInternational trademark registration n. 920896 \"INTESA SANPAOLO\", granted on March 7, 2007, in classes 9, 16, 35, 36, 38, 41 and 42;\r\n\r\nEU trademark registration n. 5301999 \"INTESA SANPAOLO\", applied on September 8, 2006 and granted on June 18, 2007, in classes 35, 36 and 38;\r\n\r\nEU trademark registration n. 5421177 \"INTESA SANPAOLO & device\", applied on October 27, 2006 and granted on November 5, 2007, in classes 9, 16, 35, 36, 38, 41 and 42;\r\n\r\nMoreover, the Complainant is also the owner, among the others, of the following domain names bearing the sign \"INTESA SANPAOLO\": \"INTESASANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ\" and INTESA-SANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ\". All of them are now connected to the official website http:\/\/www.intesasanpaolo.com.\r\n\r\nOn December 1, 2017, the Respondent registered the disputed domain name <TR-INTESASANPAOLO.COM>.\r\n\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 RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DOMAIN NAME\r\n\r\nTHE DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH.\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\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT: \r\n\r\nThe Complainant makes the following contentions:\r\n(i) that the disputed domain name is identical or confusingly similar to the Complainant’s Trademarks;\r\n(ii) that the Respondent has no rights nor any legitimate interests in respect of the disputed domain name; and\r\n(iii) that the disputed domain name has been registered and are being used in bad faith.\r\n\r\nThe Complainant argues that, given the fact that the Complainant has trademarks rights on the sign \"INTESA SANPAOLO\" since 2006 and that the disputed domain name is composed of the Complainant's trademark reproduced in its entirety together with the adjunction of the two letters \"TR\", the disputed domain name is identical or confusingly similar to the Complainant's trademark.\r\n\r\nThe Complainant alleges that the Respondent has not been authorized nor licensed by the Complainant to use its trademarks, nor that the disputed domain name correspond to the name of the Respondent and use it in a fair or non-commercial use. Indeed, the Complainant states that the Respondent has no rights nor any legitimate interest in respect of the disputed domain name.\r\n\r\nThe Complainant further argues that The Complainant's trademark \"INTESA SANPAOLO\" is distinctive and well known all around the world and that the fact that the Respondent has registered a domain name that is confusingly similar to it indicates that the Respondent had knowledge of the Complainant's trademark at the time of registration of the disputed domain name. The Complainant further states that the disputed domain name is not used for any bone fide offering and  that  the fact that it is not connected to any web site is constitutve of the passive holding of a domain name (see, in this regard, Telstra Corporation Limited v. Nuclear Marshmallows, WIPO Case No. D2000-0003; Decision No. D2004-0615, Comerica Inc. v. Horoshiy, Inc., concerning just the case of a bank). \r\n\r\nRESPONDENT:  \r\n\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED, THE RESPONDENT IS THEREFORE IN DEFAULT.",
    "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": [
        "Nathalie Dreyfus"
    ],
    "date_of_panel_decision": "2018-03-26 00:00:00",
    "informal_english_translation": "The Complainant is the owner, among others, of the following registrations for the trademark \"INTESA SANPAOLO\" :\r\n\r\n- International trademark registration n. 920896 \"INTESA SANPAOLO\", granted on March 7, 2007, in classes 9, 16, 35, 36, 38, 41 and 42, renewed;\r\n\r\n- EU trademark registration n. 5301999 \"INTESA SANPAOLO\", applied on September 8, 2006 and granted on June 18, 2007, in classes 35, 36 and 38, renewed;\r\n\r\n- EU trademark registration n. 5421177 \"INTESA SANPAOLO & device\", applied on October 27, 2006 and granted on November 5, 2007, in classes 9, 16, 35, 36, 38, 41 and 42, renewed;\r\n\r\nMoreover, the Complainant is also the owner, among the others, of the following domain names bearing the sign \"INTESA SANPAOLO\": \"INTESASANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ\" and INTESA-SANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ\". All of them are now connected to the official website http:\/\/www.intesasanpaolo.com.\r\n\r\nOn December 1, 2017, the Respondent registered the disputed domain name <TR-INTESASANPAOLO.COM>.",
    "decision_domains": {
        "TR-INTESASANPAOLO.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}