{
    "case_number": "CAC-UDRP-102746",
    "time_of_filling": "2019-10-25 10:20:35",
    "domain_names": [
        "intesaonlineb.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Gary Kent"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS\r\n\r\nThe Complainant is the leading Italian banking group, formed as a result of the merger in 2007 between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., two of the top Italian banking groups. The market capitalisation of the Complainant exceeds 38.1 billion Euro, and it has a network of 3900 branches and 11.8 million customers in Italy. The Complainant has a strong presence in Central and Eastern Europe with a network of approximately 1.100 branches and over 7.2 million customers. The international network of the Complainant specialised in supporting corporate customers is present in 25 countries in the Mediterranean area, the United States, Russia, China and India.\r\n\r\nThe Complainant’s official website is located at the domain name <intesasanpaolo.com>.\r\n\r\nThe Respondent registered the disputed domain name on 9 August 2019. It does not resolve to a website.\r\n\r\nThe Complainant adds that on 9 September 2019 its attorneys sent a cease and desist letter to the Respondent, asking for the voluntary transfer of the disputed domain name, but the Respondent did not comply with the request.\r\n\r\n\r\n\r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name. ",
    "no_response_filed": "\r\nNO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\n\r\n\r\nCOMPLAINANT:\r\n\r\nTHE DISPUTED DOMAIN NAME IS CONFUSINGLY SIMILAR TO A TRADEMARK IN WHICH THE COMPLAINANT HAS RIGHTS.\r\n\r\nThe Complainant submits that the disputed domain name is confusingly similar to the INTESA trademark in which the Complainant has rights, because the disputed domain name exactly reproduces the trademark with the addition of the descriptive term “online” and of the letter “B”, which is likely a reference to the word “bank”. \r\n\r\nTHE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DOMAIN NAME\r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name, because it has not been authorized by the Complainant to use the INTESA trademark, and the disputed domain name does not correspond to the name of the Respondent. The Complainant adds that the Respondent does not carry out a fair or non-commercial use of the disputed domain name.\r\n\r\nTHE DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH\r\n\r\nThe Complainant contends that the disputed domain name was registered and is being used in bad faith. According to the Complainant, the INTESA trademark is distinctive and well-known around the world, and the Respondent registered the disputed domain name with knowledge of the INTESA trademark and in view of it. By using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his website. The disputed domain name is not used for any bona fide purpose, but is connected to a website that has been blocked by Google Safe Browsing. The main purpose of the Respondent was to use the above website for phishing financial information in an attempt to defraud the Complainant’s customers.\r\n\r\n\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not reply to the Complainant's contentions and did not submit any arguments or evidence in its defence.  ",
    "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 the UDRP were met and there is no other reason why it would be inappropriate to provide a decision.\r\n\r\nIn response to an invitation from the Panel, the Complainant has submitted relevant evidence about the content of the website at the disputed domain name. The Respondent was invited to comment on this evidence and has not responded to the invitation.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2019-12-09 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademark registrations for the sign “INTESA” (the “INTESA trademark”):\r\n\r\n- the International trademark INTESA with registration No. 793367, registered on 4 September 2002 for services in International Class 36; and \r\n\r\n- the European Union trademark INTESA with registration No. 12247979, registered on 5 March 2014 for goods and services in International Classes 9, 16, 35, 36, 38, 41 and 42.\r\n",
    "decision_domains": {
        "INTESAONLINEB.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}