{
    "case_number": "CAC-UDRP-102761",
    "time_of_filling": "2019-11-01 10:47:01",
    "domain_names": [
        "intesabanca.club"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Martin Duccato"
    ],
    "respondent_representative": null,
    "factual_background": "As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:\r\n\r\n(a) the Complainant is the leading Italian banking group. It is among the top banking groups in the euro zone, with a market capitalisation exceeding 38,1 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 3,900 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 11,8 million customers; \r\n\r\n(b) the Complainant is the owner of the Complainant’s Trademarks;\r\n\r\n(c) the Complainant owns many domain names consisting of different variations of its name such as “INTESA”, “BANCA INTESA” and “INTESA BANCA”: INTESA.COM, INTESA.INFO, INTESA.BIZ, INTESA.ORG, INTESA.US, INTESA.EU, INTESA.CN, INTESA.IN, INTESA.CO.UK, INTESA.TEL, INTESA.NAME, INTESA.XXX or INTESA.ME, BANCAINTESA.COM, .INFO, .ORG, .BIZ, .MOBI, .NET, .SITE, .EU, .IT, .PL, .COM.PL, .IN, .CO.IN, .RS, .CO.RS, .CO, .TK, .ME, .RO, .ASIA, .TW, .TV, .IR, .CC, .WS, .CN, .COM.CN, .COM.AR, .KR, .CO.KR, .ORG.CN, .NET.CN and INTESABANCA.COM, .INFO and .IT;\r\n\r\n(d) on July 1, 2019, the Respondent registered the disputed domain name INTESABANCA.CLUB; and\r\n\r\n(e) on the website under the disputed domain name there is only a general landing page showing some sponsored links otherwise the disputed domain name is inactive.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings that relate to the disputed domain name.",
    "no_response_filed": "THE COMPLAINANT:\r\n\r\nIn addition to the above factual assertions, the Complainant also contends the following:\r\n\r\n(i) It is obvious that the disputed domain name at issue is identical, or at least confusingly similar, to the Complainant’s Trademarks “BANCA INTESA” and “INTESA”. As a matter of fact, INTESABANCA.CLUB exactly reproduces Complainant`s well-known trademark “BANCA INTESA”, with the mere inversion of the terms “BANCA” and “INTESA”;\r\n\r\n(ii) the Respondent is not affiliated with the Complainant nor authorized by it in any way to use Complainant’s Trademarks. The Complainant does not carry out any activity for, nor has any business with the Respondent. There is no website under the disputed domain name and no indication of preparation for its use was established in these proceedings. Therefore, the Respondent has no legitimate interest in the disputed domain name;\r\n\r\n(iii) given the distinctiveness of the Complainant's Trademarks and reputation, it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's Trademarks. The Respondent has intentionally attempted to attract, for commercial gain, Internet users to his web site, by creating a likelihood of confusion with the Complainant's Trademarks as to the source, sponsorship, affiliation, or endorsement of his web site. This amounts to bad faith in registration and use of the disputed domain name;\r\n\r\n\r\nTHE RESPONDENT:\r\n\r\nThe Respondent did not provide any response to the complaint.",
    "rights": "The Panel concluded that the disputed domain name is confusingly similar to Complainant’s Trademarks within the meaning of paragraph 4(a)(i) of the Uniform Domain Name Dispute Resolution Policy (\"UDRP\" or \"Policy\").\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".",
    "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.\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".",
    "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.\r\n\r\nFor details, please see \"Principal Reasons for the Decision\".",
    "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": [
        "Michal Matějka"
    ],
    "date_of_panel_decision": "2019-12-03 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademarks “INTESA” and “BANCA INTESA”:\r\n\r\n-International trademark registration no. 793367 “INTESA”, granted on September 4, 2002 and duly renewed, in class 36;\r\n-International trademark registration no. 1027279 “BANCA INTESA & device”, granted on November 18, 2009 and duly renewed, in classes 9, 16, 35, 36, 41 and 42;\r\n-International trademark registration no. 1032908 “BANCA INTESA”, granted on December 18, 2009, in classes 9, 16, 35, 36, 41, 42 and 45;\r\n-International trademark registration no. 831572 “BANCA INTESA & device”, granted on June 24, 2004, in class 36;\r\n-EU trademark registration no. 12247979 “INTESA”, applied on October 23, 2013 and granted on March 5, 2014, in classes 9, 16, 35, 36, 38, 41 and 42.\r\n\r\n(\"Complainant`s Trademarks\")\r\n\r\nOn July 1, 2019, the Respondent registered the disputed domain name INTESABANCA.CLUB.",
    "decision_domains": {
        "INTESABANCA.CLUB": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}