{
    "case_number": "CAC-UDRP-103907",
    "time_of_filling": "2021-07-02 09:36:57",
    "domain_names": [
        "INTESA-SAN-PAOLO-PRIVATE.NET"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Intesa Sanpaolo S.p.A.",
    "respondent": [
        "giulia baccanelli"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is an Italian banking group which was formed in 2007 following the merger of Banca Intesa S.p.A. and Sanpaulo IMI S.p.A. It has a market capitalisation exceeding EUR 29.9 billion and approximately 4,700 branches in Italy as well as many branches in other countries. The Complainant trades as INTESA SANPAULO and owns many trade marks to protect this trading style including the mark in respect of which full details are given above. It also owns a large number of domain names which comprise or include its trade marks, including <intesasanpaulo.com>, which resolves to its principal website. \r\n\r\nThe disputed domain name was registered on June 25, 2020. As at June 29, 2021 it resolved to a directory page containing a number of Italian language pay-per-click (\"PPC\") links including “Prestiti Online Esito Immediato” (that is, “Online Loans Immediate Result”) and “Apri Conto Aziendale Online” (that is “Open Business Account Online”).\r\n\r\nThe disputed domain name is identical or at least confusingly similar to the Complainant’s INTESA SANPAULO trade mark as it exactly reproduces it and simply adds the word “Private”. \r\n\r\nThe Respondent has no rights or legitimate interests in respect of the disputed domain name. Any use of the Complainant’s INTESA SANPAULO mark has to be authorised by it and it has not authorised or licensed the Respondent to register or use the disputed domain name. The Respondent is not known as “Intesa-San-Paulo-Private”, nor is it making any fair or non-commercial uses of the disputed domain name. \r\n\r\nThe Respondent has registered and is using the disputed domain name in bad faith. The Complainant’s INTESA and INTESA SANPAULO trade marks are distinctive and well-known. The fact that the disputed domain name is confusingly similar to the Complaint’s INTESA SANPAULO trade mark suggests that the Respondent was aware of the Complainant’s mark as at the date it registered it and would not have been registered were it not for the Complainant’s trade mark. \r\n\r\nThe disputed domain name is not being used for any bona fide offering. Moreover, the circumstances indicate that, 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 mark as to the source, sponsorship, affiliation or endorsement of its website. The links on the Respondent’s website are associated with the services for which the Complainant’s trade marks are registered. Accordingly, Internet users searching for information on the Complainant will be confusingly led to the Respondent’s website and to sponsored links for services provided by the Complainant’s competitors. ",
    "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.",
    "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": [
        "Antony Gold"
    ],
    "date_of_panel_decision": "2021-08-09 00:00:00",
    "informal_english_translation": "The Complainant is the owner of a number of trade marks for INTESA SANPAULO including, by way of example only, European Union trade mark registration number 530199 for INTESA SANPAULO in classes 35, 36 and 38, applied for on September 8, 2006 and registered on June 18, 2007.  ",
    "decision_domains": {
        "INTESA-SAN-PAOLO-PRIVATE.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}