{
    "case_number": "CAC-UDRP-103209",
    "time_of_filling": "2020-07-31 09:11:24",
    "domain_names": [
        "INTESASANPAOLO-SECURE.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "J Smith"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\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 29.8 billion Euro, and it has a network of 3700 branches and 11.8 million customers in Italy. The Complainant has a strong presence in Central and Eastern Europe with a network of approximately 1000 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 1 March 2020. It resolves to a website containing pay per click links offering third-party banking and financial services.\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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe Complainant submits that the disputed domain name is confusingly similar to the INTESA SANPAOLO trademark in which the Complainant has rights, because the disputed domain name exactly reproduces the trademark with the addition of the descriptive term “secure”. \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 SANPAOLO 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 Complainant contends that the disputed domain name was registered and is being used in bad faith. According to the Complainant, the INTESA SANPAOLO trademark is distinctive and well-known around the world, and the Respondent registered the disputed domain name with knowledge of the INTESA SANPAOLO 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 INTESA SANPAOLO trademark 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 contains commercial links to banking and financial services offered by competitors of the Complainant.\r\n\r\nThe Complainant notes that on 20 March 2020 it sent to the Respondent a cease and desist letter, asking for the voluntary transfer of the disputed domain name, but the Respondent did not comply with the request.\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.  \r\n",
    "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": [
        "Assen Alexiev"
    ],
    "date_of_panel_decision": "2020-09-05 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademark registrations for the sign “INTESA SANPAOLO” (the “INTESA SANPAOLO trademark”):\r\n\r\n- the International trademark INTESA SANPAOLO with registration No.920896, registered on 7 March 2007 for goods and services in International Classes 9, 16, 35, 36, 38, 41 and 42; and\r\n\r\n- the European Union trademark INTESA SANPAOLO with registration No.5301999, registered on 18 June 2007 for goods and services in International Classes 35, 36 and 38.",
    "decision_domains": {
        "INTESASANPAOLO-SECURE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}