{
    "case_number": "CAC-UDRP-103177",
    "time_of_filling": "2020-07-21 09:30:09",
    "domain_names": [
        "INTESASANPAOLO-ALERT.COM"
    ],
    "case_administrator": "Šárka Glasslová (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Arilena Panziera"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\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 29,8 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 3,700 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\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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\n1. The disputed domain name is confusingly similar to the Complainant's trademarks\r\n\r\nThe Complainant contends that the disputed domain name <intesasanpaolo-alert.com> is confusingly similar to its well-known and distinctive trademarks \"INTESA SANPAOLO” and “INTESA”.\r\nThe Complainant further affirms that, as a matter of fact, intesasanpaolo-alert.com exactly reproduces the well-known trademark “INTESA SANPAOLO” with the mere addition of the word “alert”.\r\n\r\n2. The Respondent does not have any rights or legitimate interest in the disputed domain name.\r\nThe Complainant contends that the Respondent is not commonly known by the disputed domain name and that the Respondent is not affiliated with or authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and is not related to the Complainant’s business in any way. The Complainant does not carry out any activity for, nor has any business dealings with, the Respondent.\r\n\r\n3. The disputed domain name has been registered and is being used in bad faith\r\n\r\nThe Complainant contends that owing to the renown of the Complainant’s trademarks, it is presumable that the Respondent had actual knowledge of the Complainant’s distinctive trademarks.\r\nThe Complainant further contends that it is objectively not possible to understand what kind of use the Respondent could make with a domain name which exactly corresponds to the Complainant’s trademarks and which is so similar to the Complainant’s domain names currently used by the latter to provide online banking services for enterprise. In addition, the passive holding of the disputed domain name has to be considered a use in bad faith.\r\nThe Complainant finally notes that the Respondent did not reply to the cease and desist letter sent by the Complainant's attorneys.\r\n\r\nRESPONDENT:\r\n\r\nNO 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).",
    "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": "Procedural Factors\r\nThere are two procedural complications in this case. They are as follows:\r\n\r\n(i) The Complainant filed the Complaint in English rather than in Italian (i.e. the language of the registration agreement); and\r\n(ii) The CAC’s online platform currently does not work in Italian.\r\n\r\nPursuant to paragraph 11(a) of the Rules, unless otherwise agreed by the parties, or otherwise specified in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.\r\nParagraph 10(b) and (c) of the Rules requires the Panel to ensure that the proceeding takes place with due expedition and that the parties are treated fairly and given a fair opportunity to present their respective cases.\r\nThe language of the Registration Agreement for the disputed domain name is Italian. From the evidence on record, no agreement appears to have been entered into between the Complainant and the Respondent regarding the language issue. The Complainant filed its Complaint in English and then requested that English be the language of the proceeding.\r\nThe Panel notes that:\r\n(a) The CAC has notified the Respondent of the proceeding in both English and Italian;\r\n;\r\n(b) However, the Respondent has not responded to the Center’s email, nor has it contested the Complainant’s request for a change of the language from Italian to English;\r\n(c) The complaint is written in English, a third international language comprehensible to a wide range of Internet users worldwide, including users living in Italy.\r\n\r\nConsidering the above circumstances, the Panel finds that the choice of English as the language of the present proceeding is fair to both parties and is not prejudicial to either one of the parties in his or her ability to articulate the arguments for this case.\r\nThe Panel has also taken into consideration the fact that to require the Complaint and all supporting documents to be re-filed in Italian would cause an unnecessary burden of cost to the Complainant and would unnecessarily delay the proceeding.\r\nHaving considered all the above matters, the Panel determines under paragraph 11(a) of the Rules that (i) it will accept the Complaint and all supporting materials as filed in English; and (ii) English will be the language of the proceeding and the decision will be rendered in English.\r\nIn view of all of the above, 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.  Fabrizio Bedarida"
    ],
    "date_of_panel_decision": "2020-09-01 00:00:00",
    "informal_english_translation": "The Complainant has proven to be the owner of the INTESA SANPAOLO and INTESA marks.\r\n\r\nThe Complainant is, inter alia, the owner of the following trademarks: \r\n\r\n- International trademark registration no. 793367 “INTESA”, granted on September 04, 2002 and duly renewed, in class 36; \r\n- International trademark registration no. 920896 “INTESA SANPAOLO”, granted on March 07, 2007 and duly renewed, in classes 9, 16, 35, 36, 41, 42;\r\n- EUTM registration no. 12247979 “INTESA”, applied for on October 23, 2013 and granted on March 05, 2014, in classes 9, 16, 35, 36, 38, 41 and 42;\r\n- EUTM registration no. 5301999 “INTESA SANPAOLO”, applied for on September 08, 2006, granted on June 18, 2007 and duly renewed, in classes 35, 36 and 38.\r\n\r\nThe Complainant is also the owner, inter alia, 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, .info, .org, .biz, .us, .eu, .cn, .in, .co.uk, .tel, .name, .xxx, .me. All of these are now connected to the official website, http:\/\/www.intesasanpaolo.com.\r\n\r\n",
    "decision_domains": {
        "INTESASANPAOLO-ALERT.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}