{
    "case_number": "CAC-UDRP-103387",
    "time_of_filling": "2020-11-12 10:59:05",
    "domain_names": [
        "INTESAONPAOLO.COM"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Intesa Sanpaolo S.p.A.",
    "respondent": [
        "tonkin katia sonia"
    ],
    "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 and also one of the principal players 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\nIntesa Sanpaolo is among the top banking groups in the euro zone, with a market capitalization exceeding 31,1 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). It has a network of approximately 3,700 branches 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. \r\nIntesa Sanpaolo also 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 specialized in supporting corporate customers is present in 25 countries, in particular in the Mediteranean area and those areas where Italian companies are most active, such as the United States, Russia, China and India.\r\nOn May 16, 2020, the Respondent registered the domain name <intesaonpaolo.com>. Complainant notes that on June 19, 2020 its attorneys sent to the Respondent a cease and desist letter asking for the voluntary transfer of the domain name at issue. Despite such communication, the Respondent did not comply with the above request. The domain name does not resolve to an active website.\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\nThe Complainant submits that < intesaonpaolo.com > is confusingly similar to its INTESA and INTESA SANPAOLO trademarks in that it contains in whole the word “Intesa” and in confusing part “San Paolo” by replacing “San” with a typographic misspelling with the letters \"on.\" Removing or substituting letters of a trademark does not create a distinctive name such as to distinguish the domain name from the trademark. These minor changes to the trademark rather enhance infringement than lessen the confusing similarity. \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 SAN PAOLO 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 as it currently does not resolve to an active website. \r\n\r\nThe Complainant contends further that the disputed domain name was registered and is being used in bad faith. According to the Complainant, the INTESA SAN PAOLO trademark is distinctive and well-known around the world, and that it is evident that the Respondent registered the disputed domain name with knowledge of Complainant’s trademark. The disputed domain name is not used for any bona fide purpose. \r\n\r\nComplainant speculates that the domain name can be used for phishing customers’ personal information or for some other abusive purpose. As Complainant has the burden of proving its contentions, and here they are only presented as speculations, it is unnecessary to take them into account in reaching a determination. \r\n \r\nRESPONDENT:\r\nThe Respondent did not reply to the Complainant's contentions and did not submit any arguments or evidence in its defense. In such event, UDRP Rule 14 provides (a) that the “Panel shall proceed to a decision on the complaint” and (b) that “the Panel shall draw such inferences therefrom as it considers appropriate.” \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": [
        "Gerald M. Levine, Ph.D, Esq."
    ],
    "date_of_panel_decision": "2020-12-06 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following registrations for the trademarks “INTESA” and “INTESA SANPAOLO” (hereinafter referred to as the \"INTESA SANPAOLO trademark\"):\r\n\r\n- International trademark registration n. 793367 “INTESA”, granted on September 4, 2002 and duly renewed, in class 36; \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- 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- 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. ",
    "decision_domains": {
        "INTESAONPAOLO.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}