{
    "case_number": "CAC-UDRP-102107",
    "time_of_filling": "2018-08-01 13:31:14",
    "domain_names": [
        "intesasanpauolo.com"
    ],
    "case_administrator": "Sandra Lanczová (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Ogbonna Morikwe"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant holds several trademark registrations for “INTESA SANPAOLO” and the Complainant also holds domain names including “INTESA SANPAOLO”.\r\nOn May 08, 2018, the Respondent registered the domain name <intesasanpauolo.com>. The domain name is currently unavailable which shows that there is no use at the disputed domain name. \r\nOn June 7, 2018, the Complainant sent a cease and desist letter to the Respondent but the Respondent did not reply such letter. \r\nThereon, the Complainant has filed the present complaint.\r\n\r\n\r\nPARTIES' CONTENTIONS:\r\nCOMPLAINANT:\r\nThe Complainant 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\nIntesa Sanpaolo is among the top banking groups in the euro zone, with a market capitalisation exceeding 41,9 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 4,600 branches capillary and well distributed throughout the Country, with market shares of more than 17% in most Italian regions, the Group offers its services to approximately 12 million customers. Intesa Sanpaolo has a strong presence in Central-Eastern Europe with a network of approximately 1.100 branches and over 7,7 million customers. Moreover, the international network specialised in supporting corporate customers is present in 25 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\n1. THE DOMAIN NAME IS ALMOST IDENTICAL TO THE COMPLAINANT’S TRADEMARKS „INTESA SANPAOLO“\r\nIt is more than obvious that the disputed domain name is almost identical to the Complainant’s trademarks “INTESA SANPAOLO”, as it differs only for the addition of letter “U” in the word “SANPAOLO”.\r\nIn particular, it is undeniable that this case represents a clear example of typosquatting, where the disputed domain name is one letter less than or different from the Complainant's mark. Such attempts have been disapproved of in various WIPO decisions (e.g. Telstra Corp. Ltd. v. Warren Bolton Consulting Pty. Ltd. D2000-1293; Playboy Enterprises International Inc. v. SAND Webnames-For Sale D2001-0094). These decisions were more recently confirmed by Société Nationale des Chemins de fer Français - SNCF v. Damian Miller \/ Miller Inc., Case No. D2009-0891), and very recently by CAC decision No. 101715 on the domain name <arcelormittla.com>.\r\n\r\n\r\n2. THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DOMAIN NAME \r\nThe Complainant states that the Respondent has no rights on the Disputed Domain Name, since Ogbonna Morikwe has nothing to do with Intesa Sanpaolo. In fact, any use of the trademark “INTESA SANPAOLO” has to be authorized by the Complainant. Nobody has been authorized or licensed by the above-mentioned banking group to use the domain name at issue.\r\nThe disputed domain name does not correspond to the name of the Respondent and, Ogbonna Morikwe is not commonly known as “INTESASANPAUOLO”.\r\n\r\nLastly, the Complainant states that there is no fair or non-commercial uses of the disputed domain name .\r\n\r\n3. THE DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\nThe Complainant states that the disputed domain name was registered and is being used in bad faith. The Complainant alleges that, as is stated before, minor changes are not sufficient to vanish the confusing similarity between the disputed domain name and the registered international and EU trademarks. The Complainant also asserts that the disputed domain name is widely-known and that the Respondent has registered and used the disputed domain name with full knowledge of the Complainant’s trademark INTESA SANPAOLO. Moreover, the Complainant indicates that the Respondent might have the disputed domain name registered for phishing purposes since such similar attempts had occured in the past. Lastly, the Complainant also mentions that the Respondent has been contacted by sending a cease and desist letter requesting the voluntary transfer of the disputed domain name yet there was not a response given by the Respondent.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the Disputed Domain Name. ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.",
    "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": [
        "Mrs Selma Ünlü"
    ],
    "date_of_panel_decision": "2018-09-10 00:00:00",
    "informal_english_translation": "The Complainant has submitted evidence, which the Panel accepts, showing that it is the registered owner of the following:\r\n\r\n- the International trademark INTESA SANPAOLO (Registration n°920896 ) dated March 07, 2007;\r\n- the EU trademark INTESA SANPAOLO (Registration n°5301999 ) dated September 08, 2006;\r\n- the EU trademark INTESA SANPAOLO (Registration n°5421177) dated October 27, 2006;\r\n\r\nMoreover, the Complainant is also the owner of the official website www.intesasanpaolo.com and the connected following domain names bearing the sign „INTESA SANPAOLO“: INTESASANPAOLO.COM,.ORG,.EU,.INFO,.NET,.BIZ and INTESA-SANPAOLO.COM,.ORG,.EU,.INFO,.NET,.BIZ. ",
    "decision_domains": {
        "INTESASANPAUOLO.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}