{ "case_number": "CAC-UDRP-103908", "time_of_filling": "2021-07-02 09:37:37", "domain_names": [ "INFO-GRUPPOISP-ITALIA.COM" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "andrea paradiso" ], "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 29,8 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 7,1 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\nThe Complainant has proven to be the owner of the “INTESA”, “INTESA SANPAOLO”, “GRUPPO INTESA SANPAOLO” and “ISP” marks.\r\n\r\nThe disputed domain name was registered on May 29, 2020.\r\n\r\nThe Complainant’s trademark and domain name registrations predate the registration of the disputed domain name\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": "PARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nThe disputed domain name is confusingly similar to the Complainant's trademarks\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to its well-known and distinctive trademarks “ISP”, “INTESA”, “INTESA SANPAOLO” and “GRUPPO INTESA SANPAOLO”.\r\nThe Complainant further affirms that, as a matter of fact, reproduces the trademark “ISP” with the mere addition of the descriptive words “info”, “Gruppo” and “Italia”, and that is almost identical to the Complainant’s well-known trademark “GRUPPO INTESA SANPAOLO”, with the substitution of the mark’s verbal portion “INTESA SANPAOLO” with the abbreviation “ISP” and the addition of the terms “INFO” and “ITALIA” (the country in which the Complainant's headquarters are located). \r\n\r\nThe respondent has no rights or legitimate interests in respect of the domain name\r\n\r\nThe Complainant contends that the Respondent is not commonly known by the disputed domain name and that the Respondent is not affiliated with or authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and is not related to the Complainant’s business in any way. The Complainant does not carry out any activity for, nor has any business dealings with, the Respondent.\r\n\r\nThe domain name was registered and is used in bad faith\r\n\r\nThe Complainant contends that owing to the renown of the Complainant’s trademarks, it is presumable that the Respondent had actual knowledge of the Complainant’s distinctive trademarks.\r\nThe Complainant further contends that the disputed domain name is not used for any bone fide offerings, in fact, it is connected to a website sponsoring, among others, banking and financial services.\r\nThese are circumstances indicating that, by using the disputed domain name, the Respondent has intentionally attempted to attract, for commercial gain, Internet users to his web site, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his web site (par. 4(b)(iv) of the Policy). \r\nThe Complainant finally notes that the Respondent did not reply to the cease and desist letter sent by the Complainant's attorneys.\r\n\r\n\r\n\r\nRESPONDENT:\r\n\r\nNO 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": [ "Dr. Fabrizio Bedarida" ], "date_of_panel_decision": "2021-08-16 00:00:00", "informal_english_translation": "The Complainant has proven to be the owner of the “INTESA”, “INTESA SANPAOLO”, “GRUPPO INTESA SANPAOLO” and “ISP” marks.\r\nThe Complainant is, inter alia, the owner of the following trademarks:\r\n- International trademark registration no. 793367 “INTESA”, granted on September 4, 2002 and duly renewed, in class 36;\r\n- International trademark registration no. 920896 “INTESA SANPAOLO”, granted on March 7, 2007 and duly renewed, in classes 9, 16, 35, 36, 41, 42;\r\n- EUTM registration no. 12247979 “INTESA”, applied for on October 23, 2013 and granted on March 5, 2014, in classes 9, 16, 35, 36, 38, 41 and 42;\r\n- EUTM registration no. 5301999 “INTESA SANPAOLO”, applied for on September 8, 2006, granted on June 18, 2007 and duly renewed, in classes 35, 36 and 38;\r\n- EUTM registration no. 5344544 “GRUPPO INTESA SANPAOLO”, applied for on September 28, 2006, granted on July 6, 2007 and duly renewed, in classes 35, 36 and 38; and\r\n- EUTM registration no. 7310337 “ISP”, applied for on October 13, 2008, granted on February 12, 2010 and duly renewed, in class 36.\r\nThe Complainant is also the owner, inter alia, of the following domain names bearing the signs “INTESA SANPAOLO” and “INTESA”: . All of these are now connected to the official website http:\/\/www.intesasanpaolo.com.", "decision_domains": { "INFO-GRUPPOISP-ITALIA.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }