{
    "case_number": "CAC-UDRP-103064",
    "time_of_filling": "2020-05-25 09:45:54",
    "domain_names": [
        "GIOVANI-INTESASANPAOLO.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Edeltraut Haas"
    ],
    "respondent_representative": null,
    "factual_background": "THE DISPUTED 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 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 26,1 billion euro, and the undisputed leader in Italy in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 3,800 branches capillary and well distributed throughout the Country with market shares of more than 15% in most Italian regions, the Group offers its services to approximately 11,8 million customers. Intesa Sanpaolo has a strong presence in Central-Eastern Europe with a network of approximately 1.000 branches and over 7,2 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 is the owner, among others, of the following registrations for the trademarks “INTESA” and “INTESA SANPAOLO”:\r\n\r\n- International trademark registration n. 793367 “INTESA”, granted on September 4, 2002 and duly renewed, in class 36;\r\n\r\n- International trademark registration n. 920896 “INTESA SANPAOLO”, granted on March 7, 2007 and duly renewed, in classes 9, 16, 35, 36, 41, 42;\r\n\r\n- EU trademark registration n. 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- EU trademark registration n. 5301999 “INTESA SANPAOLO”, applied on September 8, 2006, granted on June 18, 2007 and duly renewed, in classes 35, 36 and 38.\r\n\r\nMoreover, the Complainant is also the owner, among the others, of the following domain names bearing the signs “INTESA SANPAOLO” and “INTESA”: INTESASANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ, INTESA-SANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ and 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, INTESA.ME. All of them are now connected to the official website www.intesasanpaolo.com.\r\n\r\n\r\nOn January 23, 2020, the Respondent registered the domain name <GIOVANI-INTESASANPAOLO.COM>.\r\n\r\nIt is more than obvious that the disputed domain name is identical, or – at least – confusingly similar, to the Complainant’s trademarks “INTESA SANPAOLO” and “INTESA”. As a matter of fact, GIOVANI-INTESASANPAOLO.COM exactly reproduces well-known trademark “INTESA SANPAOLO”, with the mere addition of the Italian descriptive term \"GIOVANI\", meaning \"young people\" (clients to whom Intesa Sanpaolo offers services and concessions).  ",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings.",
    "no_response_filed": "NO 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).\r\n\r\nThe addition of the prefix \"GIOVANI-\" is not sufficient elements to escape the finding that the disputed domain name is confusingly similar to the Complainant’s trademarks.  ",
    "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\nThe Complainant contends that the Respondent is not affiliated with him nor authorized by him in any way to use the trademarks INTESA SANPAOLO in a domain name or on a website. The Complainant does not carry out any activity for, nor has any business with the Respondent.  ",
    "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\nGiven the distinctiveness of the trademark and the content of the website, it is clear that the Respondent registered the disputed domain name in knowledge of the Complainant and its trademarks.\r\n\r\nAll these elements leads to the conclusion that the Respondent has intentionally attempted to attract Internet users to the Respondent's website for commercial gain by creating a likelihood of confusion with the Complainant's trademarks as to the source, sponsorship, affiliation, or endorsement of such websites.  ",
    "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": [
        "Dr. Vít Horáček"
    ],
    "date_of_panel_decision": "2020-06-25 00:00:00",
    "informal_english_translation": "The reputation of the Intesa Sanpaolo trademarks and domain names is self-evident and proved by the following documents:\r\n\r\n- Complainant's trademarks;\r\n- Complainant's domain names.\r\n\r\nFurthermore Intesa Sanpaolo trademarks are extensively registered around the world.  ",
    "decision_domains": {
        "GIOVANI-INTESASANPAOLO.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}