{
    "case_number": "CAC-UDRP-102472",
    "time_of_filling": "2019-05-14 11:48:13",
    "domain_names": [
        "nexismartpos.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "NEXI PAYMENTS S.P.A."
    ],
    "complainant_representative": "Andrea Mascetti (Barzanò & Zanardo Milano S.p.A.)",
    "respondent": [
        "Vildan Erdogan"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT\r\n\r\nThe Complainant is a market leader in numerous industrial segments in Italy, including issuing, merchant services, ATM management, interbank corporate banking, and clearing & settlement.\r\n\r\nThe Nexi Group provides its services to support banks, financial institutions and insurance companies, merchants, businesses and public administration in the field of payment cards, payment acceptance technologies, money transfers between companies and private individuals, and the management of highly complex technical services such as corporate banking.\r\nNexi is also a major player in the world of investments, providing application and administrative outsourcing services and legal advice. Nexi SpA is also listed on the Italian stock exchange.\r\n\r\nThe Complainant owns a number of trademarks consisting of, or containing the word NEXI including those listed in the Identification of Rights above. The NEXI trademark enjoys a high degree of reputation in its field.  A google search on the word NEXI, discloses only results related to the Complainant.  References are also made to the NEXI and NEXISMARTPOS trademarks in Italy.  \r\n\r\nThe Complainant is active on the main social networks including Facebook (https:\/\/www.facebook.com), Twitter (https:\/\/twitter.com), Linkedin (https:\/\/www.linkedin.com) and YouTube (https:\/\/www.youtube.com). \r\n\r\nThe Complainant filed an application to register in the EU the trademark NEXI SMARTPOS on March 20th, 2018.\r\n\r\nThe disputed domain name was registered on March 20th, 2018. \r\n\r\nThe Registrant’s contact details were originally shielded by a privacy protection service. Following the filing of the UDRP and the Center’s request of information, the Registrar disclosed the registrant’s identity, i.e. Mr. Vildan Erdogan. \r\n\r\nCurrently <nexismartpos.com> redirects to an inactive web page.  \r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other proceedings, pending or decided, which relate to the disputed domain name.",
    "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": [
        "Professor William Lye, OAM QC"
    ],
    "date_of_panel_decision": "2019-07-02 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademarks:\r\n\r\n(a) EU Trademark NEXI Registration No. 016892151 – Registered 6 October 2017, in classes 9, 16, 35, 36, 38 and 45;\r\n\r\n(b) EU Trademark NEXI PAYMENTS Registration No, 016892218 – Registered 6 October 2017, in classes 9, 16, 35, 36, 38 and 45;\r\n\r\n(c) EU Trademark NEXI PAY&CASH Registration No. 017221441 – Registered 2 February 2018, in classes 9, 16, 35, 36, 38 and 45;\r\n\r\n(d) EU Trademark NEXI SMARTPOS Registration No. 017877182 – Filed 20 March 2018 and registered 22 August 2018, in classes 9, 36 and 38.\r\n",
    "decision_domains": {
        "NEXISMARTPOS.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}