{
    "case_number": "CAC-UDRP-103240",
    "time_of_filling": "2020-09-02 09:24:42",
    "domain_names": [
        "AGGIORNAINTESAONLINE.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "gianluca (gianluca nisi)"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nTHE 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 capitalization exceeding 29.9 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. The international network specialized 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 trademarks mentioned above. \r\n\r\nThe disputed domain name <AGGIORNAINTESAONLINE.COM> was registered on March 31, 2020. The disputed domain name remains inactive.  ",
    "other_legal_proceedings": "The Panel is not aware of any other pending or decided legal proceedings 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\ni) The Complainant has rights in the marks “INTESA” and “INTESA SANPAOLO” based on International and EUIPO trademark registrations. The disputed domain name exactly reproduces its well-known trademark “INTESA”, with the mere addition of the terms “AGGIORNA” (meaning “update”) and “ONLINE.”\r\n\r\nii) The Respondent has no rights or legitimate interests in respect of the disputed domain name; the use of the trademarks “INTESA SANPAOLO” and “INTESA” has not been authorized by the Complainant; nobody has been authorized or licensed by the above-mentioned banking group to use the disputed domain name; the disputed domain name does not correspond to the name of the Respondent, and thus the Respondent is not commonly known as “AGGIORNAINTESAONLINE”; and it does not find any fair or non-commercial uses of the disputed domain name. \r\n\r\niii) The Respondent has registered and is using the disputed domain name in bad faith. The Complainant contends that its trademarks “INTESA” and “INTESA SANPAOLO” are distinctive and well known all around the world. The fact that the Respondent has registered a domain name that is confusingly similar to the Complainant’s well known trademarks indicates that the Respondent had knowledge of the Complainant’s trademark at the time of registration of the disputed domain name. The Respondent has registered or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant who is the owner of the trademark or service mark or to a competitor of Complainant, for valuable consideration in excess of the Respondent’s documented out-of-pocket costs directly related to the domain name (the Policy paragraph 4(b)(i)). The disputed domain name is not used for any bona fide offerings, even if it is not connected to any website. UDRP decisions confirmed that the passive holding of a domain name is evidence of bad faith registration and use.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a Response.",
    "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": [
        "Mr. Ho-Hyun Nahm, Esq."
    ],
    "date_of_panel_decision": "2020-10-05 00:00:00",
    "informal_english_translation": "The Complainant is the owner, among others, of the following registrations for the trademarks “INTESA” and “INTESA SANPAOLO”:\r\n\r\n- International trademark registration number 793367 “INTESA”, granted on September 4, 2002 in class 36;\r\n\r\n- International trademark registration number 920896 “INTESA SANPAOLO”, granted on March 7, 2007 in classes 9, 16, 35, 36, 41, 42;\r\n\r\n- EU trademark registration number 12247979 “INTESA”, granted on March 5, 2014 in classes 9, 16, 35, 36, 38, 41 and 42;\r\n\r\n- EU trademark registration number 5301999 “INTESA SANPAOLO”, granted on June 18, 2007 in classes 35, 36 and 38.\r\n\r\nThe 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 http:\/\/www.intesasanpaolo.com.\r\n",
    "decision_domains": {
        "AGGIORNAINTESAONLINE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}