{
    "case_number": "CAC-UDRP-102902",
    "time_of_filling": "2020-02-13 11:47:12",
    "domain_names": [
        "intesa-gestion.com"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "alain fred"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, Intesa Sanpaolo S.p.A., is an Italian banking group resulting from the merger (effective as of January 1, 2007) between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A. The Complainant has a market capitalisation exceeding 39,3 billion euro and a network of approximately 3,800 branches in Italy. The Complainant also has a strong presence in Central-Eastern Europe with a network of approximately 1.100 branches and over 7,2 million customers. Moreover, the Complainant’s 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 is the owner of the registered word mark INTESA in several classes in numerous countries all over the world, including in France where the Respondent is located. The Complainant also holds a European figurative trademark including the words “Intesa Gestione Crediti”.\r\n\r\nThe disputed domain name has been registered on October 2, 2019 by the Respondent. According to an undated screen print provided by the Complainant, the disputed domain name has been used to resolve to a website in French language. The website displays the word INTESA and appears to offer financial services similar to the Complainant’s services.\r\n\r\nOn November 12, 2019, the Complainant’s attorneys sent a cease and desist letter to the Respondent, asking for the voluntary transfer of the disputed domain name. The Respondent did not comply with this request.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings pending or decided which relate to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT: The Complainant considers the disputed domain name to be confusingly similar to trademarks in which it has rights. The Complainant claims that the Respondent has no rights or legitimate interests in respect of the disputed domain name. According to the Complainant, the Respondent does not use the disputed domain name in connection with any legitimate use. Also, according to the Complainant, the Respondent has not been authorized to register or use the disputed domain name. Finally, the Complainant considers that the disputed domain name was registered and is being used in bad faith. The Complainant contends that the Respondent knew, or at least should have known, of the existence of the Complainant’s trademarks. The Complainant further contends that the incorporation of the Complainant’s well-known trademark in the disputed domain name by the Respondent, coupled with a website reproducing the Complainant’s trademark and website layout, evidences bad faith registration and use.\r\n\r\nRESPONDENT: The Respondent did not reply to the Complainant’s contentions.",
    "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": [
        "Flip Petillion"
    ],
    "date_of_panel_decision": "2020-03-19 00:00:00",
    "informal_english_translation": "The Complainant is the holder of trademark rights for the following marks:\r\n\r\n- INTESA, International trademark registration No. 793367, granted on September 4, 2002 and duly renewed, in class 36; \r\n- INTESA, EU trademark registration No. 12247979, granted on March 5, 2014 in classes 9, 16, 35, 36, 38, 41 and 42;\r\n- a figurative trademark including the words \"Intesa Gestione Crediti\", EU trademark registration No. 1277367, granted on January 3, 2003 and duly renewed in class 36.",
    "decision_domains": {
        "INTESA-GESTION.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}