{
    "case_number": "CAC-UDRP-103366",
    "time_of_filling": "2020-11-02 12:44:16",
    "domain_names": [
        "eurizoncapitalspain.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A.",
        "Eurizon Capital SGR S.p.A."
    ],
    "complainant_representative": "Perani Pozzi Associati",
    "respondent": [
        "Angel  Gonzalez"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainants\r\n\r\nIntesa Sanpaolo S.p.A. is a leading Italian banking group and one of the top players of the European financial arena, born from the merger of Banca Intesa S.p.A. and Sanpaolo IMI S.p.A. effective as of January 1, 2007.\r\n\r\nIntesa Sanpaolo S.p.A. is among the largest financial institutions in the Euro zone, with a market capitalisation exceeding 31,1 billion Euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 4,800 branches capillary and well distributed throughout Italy, with market shares of more than 15% in most Italian regions, the Group offers its services to approximately 11,8 million customers. It has also 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\nEurizon Capital SGR is the asset management company of the Intesa Sanpaolo Group, specialised in products for retail and institutional customers. Such company manages assets of around 332 billion Euros, and controls a market share of 14,8%, making it one of the largest Italian asset managers. On the other side, Eurizon Capital SA is an asset management company established in 1988 in the Grand Duchy of Luxembourg and fully owned by Eurizon Capital SGR, which manages and distributes Luxembourg based collective investment funds for retail and institutional clients. In Luxembourg, the company offers a broad range of services dedicated to institutional investors, including the possibility of setting up customized collective investment funds.\r\n\r\n\r\nThe disputed domain name\r\n\r\nThe disputed domain name was registered on September 4, 2020 by Angel Gonzalez, an individual residing in Spain. At the moment of the filing of the Complaint the disputed domain name resolved to a website in Spanish language related to banking and financial services.\r\n\r\nAfter registration of the disputed domain name the Complainant sent a cease and desist letter to the Respondent without obtaining any response.\r\n\r\nThe facts asserted by the Complainant are not contested by the Respondent.  ",
    "other_legal_proceedings": "The Panel is not aware of other legal proceedings which are pending or decided and which relate to the disputed domain name.\r\n",
    "no_response_filed": "The Parties' Contentions\r\n\r\nThe Complainants' contentions:\r\n\r\nThe Complainants contend that the disputed domain name is identical or, at least, confusingly similar to the Complainants’ EURIZON trademarks, while it is identical to the EURIZON CAPITAL trademark, since it exactly reproduces such marks, with the mere addition of the geographical term “SPAIN”, which is merely descriptive.\r\n\r\nThe Complainants contend that the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainants affirm that neither license nor authorization has been granted to the Respondent to make any use of the Complainants’ trademarks, or apply for registration of the disputed domain name. The disputed domain name does not correspond to the name of the Respondent and, to the best of the Complainants' knowledge, the Respondent is not commonly known as “EURIZONCAPITALSPAIN”. According to the Complainants, the use of the disputed domain name is not a fair or noncommercial use.\r\n\r\nThe Complainants finally contend that the registration of the disputed domain name, confusingly similar to the Complainants' well-known trademarks and, thus, the constructive knowledge on behalf of the Respondent of the Complainants’ potential rights, as well as the use of the disputed domain name for a website related to banking and financial services, clearly shows the Respondent’s bad faith both in the registration and in the use of the disputed domain name.\r\n\r\n\r\nThe Respondent's contentions:\r\n\r\nNo administratively compliant Response has been filed.",
    "rights": "The Complainants have, 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 Complainants have rights (within the meaning of paragraph 4(a)(i) of the Policy).  ",
    "no_rights_or_legitimate_interests": "The Complainants have, 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 Complainants have, 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": [
        "Avv. Ivett Paulovics"
    ],
    "date_of_panel_decision": "2020-12-01 00:00:00",
    "informal_english_translation": "The Complainant, Intesa Sanpaolo S.p.A., owns the following trademarks containing the expressions “EURIZON” and \"EURIZON CAPITAL\":\r\n\r\n- International trademark registration n. 1338441 “EURIZON” registered since December 15, 2016 in class 36;\r\n\r\n- EU trademark registration n. 13847587 “EURIZON” applied for on March 18, 2015 and registered since August 31,2015 in classes 9, 16, 35, 36, 41 and 42;\r\n\r\n- EU trademark registration n. 5283460 “EURIZON CAPITAL” applied for on August 8, 2006 and registered since June 21, 2007 in class 36.\r\n\r\nThe Complainants are owners of a wide domain name portfolio containing the expression \"EURIZONCAPITAL\" registered under numerous TLDs, among which the domain names <eurizoncapital.com> and <eurizoncapital.it>.\r\n\r\nThe Complainant, Eurizon Capital SGR, has carried on business and provided its services under the company name Eurizon Capital.\r\n\r\nThe Complainants have proved their rights in the EURIZON and EURIZON CAPITAL trademarks for the purposes of the Policy.",
    "decision_domains": {
        "EURIZONCAPITALSPAIN.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}