{
    "case_number": "CAC-UDRP-102000",
    "time_of_filling": "2018-05-21 13:35:55",
    "domain_names": [
        "INTESASANPAOLO31265.TOP"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Kara Turner"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nComplainant 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.\r\n\r\nIntesa Sanpaolo is among the leading banking groups in the Euro zone, with a market capitalisation exceeding 46.4 billion euro. In Italy it has a network of approximately 4,800 branches, offering its services to approximately 12.6 million customers. Intesa Sanpaolo also has a strong presence in Central-Eastern Europe with a network of approximately 1,100 branches and over 7.6 million customers. Moreover, its international network specialised in supporting corporate customers is present in 26 countries, including the United States, Russia, China and India.\r\n\r\nComplainant contends that Respondent is not affiliated with Complainant nor authorized by Complainant in any way to use the trademark “INTESA SANPAOLO”. Complainant does not carry out any activity for, nor has any business with Respondent. Complainant asserts that Respondent has no rights or legitimate interests in respect of the disputed domain name, and that Respondent is not related in any way to Complainant’s business. According to Complainant, there is no fair or non-commercial use of the disputed domain name because it does not resolve to an active website.\r\n\r\nComplainant further contends that Respondent has registered the disputed domain name in bad faith. Its trademark “INTESA SANPAOLO” is distinctive and well known around the world. The fact that Respondent has registered a domain name that is confusingly similar to this distinctive brand name indicates that Respondent had positive knowledge of Complainant’s trademark at the time of registration of the disputed domain name. In addition, if Respondent had performed even a basic Google search in respect of the phrase “INTESASANPAOLO”, the search results would have shown obvious references to Complainant. \r\n\r\nOn March 30, 2018, Complainant’s attorneys sent a cease and desist letter to Respondent, asking for the voluntary transfer of the disputed domain name to their client. This letter could not be relayed to Respondent because the e-mail address which Respondent had used to register the disputed domain name does not exist.\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings which relate to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "rights": "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 Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "Complainant has, to the satisfaction of the Panel, shown 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": "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": [
        "Dr. Thomas Schafft"
    ],
    "date_of_panel_decision": "2018-07-08 00:00:00",
    "informal_english_translation": "The Complainant owns the following “INTESA SANPAOLO” trademark registrations:\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;\r\n-- EU trademark registration n. 5301999 “INTESA SANPAOLO”, granted on June 18, 2007, in classes 35, 36 and 38; and\r\n-- EU trademark registration n. 5421177 “INTESA SANPAOLO” (with design), granted on November 5, 2007, in classes 9, 16, 35, 36, 38, 41 and 42.\r\n\r\nThe disputed domain name was registered on January 7, 2018, i.e. the Complainant’s trademark registrations cited above predate the registration of the disputed domain name.",
    "decision_domains": {
        "INTESASANPAOLO31265.TOP": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}