{ "case_number": "CAC-UDRP-103536", "time_of_filling": "2021-02-01 10:04:16", "domain_names": [ "INTESAGRUPPO.NET" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "Lo Blue Giuseppe" ], "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 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 37,4 billion Euro, and the leader in Italy in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 5,360 branches throughout the country, with market shares of more than 21% in most Italian regions, the Group offers its services to approximately 14.6 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 of the group, specialised in supporting corporate customers, is present in 26 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 of numerous trademark and domain registrations.\r\n\r\nOn May 17, 2020 the Respondent registered the disputed domain name . However, nobody has been authorized or licensed by the above-mentioned banking group to use the domain name at issue. The domain name at stake does not correspond to the name of the Respondent and the Respondent is not commonly known as “INTESAGRUPPO”.\r\nThe disputed domain name is connected to a website sponsoring, among others, banking and financial services, for whom the Complainant’s trademarks are registered and used. Consequently, Internet users, while searching for information on the Complainant’s services, are confusingly led to the websites of the Complainant’s competitors, sponsored on the websites connected to the domain name at issue.\r\n\r\nThe current use of the disputed domain name, which allows accessing to the web sites of the Complainant’s competitors, also through the Complainant’s trademark, causes, damage to the Complainant due to the redirection of their present clients and to the loss of potential new ones.\r\n\r\nThe Respondent’s commercial gain is a result of the Respondent’s sponsoring activity being remunerated. The diversion practice in banking realm is very frequent due to the high number of online banking users. On June 19, 2020 the Complainant’s 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.", "other_legal_proceedings": "The Panel is unaware 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", "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": [ "Udo Pfleghar" ], "date_of_panel_decision": "2021-03-10 00:00:00", "informal_english_translation": "The Complainant is the owner of, inter alia, the following registrations for the trademarks “INTESA” and “GRUPPO INTESA SANPAOLO”:\r\n\r\n- International trademark registration n. 793367 “INTESA”, granted on September 04, 2002 and duly renewed, in class 36;\r\n- EUTM registration n. 12247979 “INTESA”, applied on October 23, 2013 and granted on March 05, 2014, in classes 9, 16, 35, 36, 38, 41 and 42;\r\n- EUTM registration n. 5344544 “GRUPPO INTESA SANPAOLO”, filed on September 28, 2006, granted on July 6, 2007 and duly renewed, in connection with classes 35, 36 and 38.\r\n\r\nThe Complainant is also the owner of, inter alia, the following domain names “INTESA” and “GRUPPO INTESA SANPAOLO” registered as: .\r\nAll of these domain name registrations are connected to the Complainant's official website http:\/\/www.intesasanpaolo.com.", "decision_domains": { "INTESAGRUPPO.NET": "TRANSFERRED" }, "panelist": null, "panellists_text": null }