{
    "case_number": "CAC-UDRP-102359",
    "time_of_filling": "2019-02-25 09:28:26",
    "domain_names": [
        "INTESSASANPAOLLO.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Emeka Nkwo"
    ],
    "respondent_representative": null,
    "factual_background": "As it is seen from the documents, the Complainant holds several trademark registrations for “INTESA SANPAOLO” and the Complainant also holds domain names including “INTESA SANPAOLO”.\r\n\r\nOn November 14, 2018, the Respondent registered the disputed domain name. The disputed domain name is currently unavailable which shows that there is no use at the subject domain name. \r\n\r\nOn November 26, 2018, the Complainant sent a cease and desist letter to the Respondent but the Respondent did not reply such letter. \r\n\r\nThereon, the Complainant has filed the present Complaint.    ",
    "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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\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\n\r\nIntesa Sanpaolo is among the top banking groups in the euro zone, with a market capitalisation exceeding 34,9 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 4,200 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 11,9 million customers. Intesa Sanpaolo has a strong presence in Central-Eastern Europe with a network of approximately 1.100 branches and over 7,5 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\nThe Complainant holds several trademark registrations for the trademarks “INTESA SANPAOLO” and “INTESA”.\r\n\r\nThe Complainant also is the owner of the domain names bearing the signs “INTESA SANPAOLO” and “INTESA”.\r\n\r\n\r\n1. THE DISPUTED DOMAIN NAME IS ALMOST IDENTICAL TO THE COMPLAINANT’S TRADEMARKS „INTESA SANPAOLO“\r\n\r\nThe disputed domain name is almost identical or at least confusingly similar to the Complainant’s trademarks “INTESA SANPAOLO” and “INTESA, as it reproduces the “INTESA SANPAOLO” trademark with addition of “S” letter in “INTESSA” and of letter “L” in “SANPAOLLO”.\r\n\r\nThe Complainant states that the disputed domain name is a clear example of typo-squatting, where the disputed domain name is a slight alphabetical variation from the Complainant’s mark. Such attempts have been disapproved of in various WIPO decisions e.g. Deutsche Bank Aktiengesellschaft v New York TV Tickets Inc, Case n. D2001-1314 – regarding the domain names <duetschebank.com> and <duetsche-bank.com>”. The Complainant states that WIPO jurisprudence offers many examples of confusing similarity brought about through easily made typing errors by an Internet user – particularly when the mark is another language from that of the user’s mother tongue and the same case lies in this matter.\r\n\r\n\r\n2. THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME \r\n\r\nThe Complainant states that the Respondent has no rights on the disputed domain name, the Respondent has no relationship with Intesa Sanpaolo. In fact, any use of the trademark “INTESA SANPAOLO” and ‘INTESA‘‘ has to be authorized by the Complainant. Nobody has been authorized or licensed by the above-mentioned to use the disputed domain name.\r\n\r\nIt is also argued that the disputed domain name does not correspond to the name of the Respondent which is PERFECT PRIVACY, LLC and the Respondent is not commonly known as “INTESSASANPAOLLO” either. \r\n\r\nLastly, the Complainant states that there is no fair or non-commercial uses of the disputed domain name at stake.\r\n\r\n\r\n3. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\n\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. \r\n\r\nThe 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. \r\n\r\nThe Complainant also states that the disputed domain name is not being used for any bona fide offering and this fact, not being used of the disputed domain name, alone is sufficient to prove the bad faith of the Respondent according to many WIPO UDRP decisions. \r\n\r\nMoreover, the Complainant indicates that the Respondent might has the Disputed Domain Name registered for phishing purposes since such similar attempts had occurred in the past. It was also stated that the disputed domain name which is almost identical to the trademarks of the Complainant cannot be used for no purpose but to act like being the Complainant to obtain special information of the internet users who believe the disputed domain name belong to the Complainant and enters its passwords etc. \r\n\r\nLastly, the Complainant also mentions that the Respondent has been contacted with 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.\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO 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": "2019-04-22 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 7, 2007;\r\n- the EU trademark INTESA SANPAOLO (Registration n°5301999) dated September 8, 2006;\r\n- the EU trademark INTESA SANPAOLO (Registration n°5421177) dated October 27, 2006;\r\n- the international trademark INTESA (Registration n°793367) dated September 4, 2002;\r\n- the U.S. trademark INTESA (Registration n°4196961) dated June 30, 2011;\r\n- the EU trademark INTESA (Registration n°12247979) dated October 23, 2013.\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. \r\n\r\nThe Complainant is also owner of the following connected domain names bearing the sign „INTESA“:\r\n\r\nINTESA.COM, INTESA.INFO, INTESA.BIZ, INTESA.ORG, INTESA.US, INTESA.EU, INTESA.CN, INTESA.IN, INTESA.CO.UK, INTESA.TEL, INTESA.NAME, INTESA.XXX, INTESA.ME.",
    "decision_domains": {
        "INTESSASANPAOLLO.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}