{
    "case_number": "CAC-UDRP-104051",
    "time_of_filling": "2021-10-04 09:58:01",
    "domain_names": [
        "INTESAINVESTMENTBANK.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Intesa Sanpaolo S.p.A.",
    "respondent": [
        "Elizabeth Omoregie"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a leading Italian banking group, born from the merger of Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., effective as of 1 January 2007.\r\n\r\nThe Complainant is among the largest financial institutions in the Euro zone, with a market capitalisation exceeding 46,6 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 4,300 branches capillary and well distributed throughout Italy, with market shares of more than 19% in most Italian regions, the Complainant offers its services to approximately 13,5 million customers. \r\n\r\nThe Complainant has a strong presence in Central-Eastern Europe as well, with a network of approximately 1,000 branches and over 7,2 million customers. \r\n\r\nMoreover, the Complainant's 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 in the United States, Russia, China and India.\r\n\r\nThe Complainant owns several trademarks and domain names, all of them characterised by the presence of the distinctive terms \"INTESA SANPAOLO\", “INTESA”, and “INTESA SANPAOLO BANK”.\r\n\r\nThe disputed domain name was registered on 27 August 2020, well after the registration of the Complainant's INTESA SANPAOLO Trademark, by Elizabeth Omoregie, an individual located in Nigeria.\r\n\r\nThe disputed domain name resolves to a parking page with PPC links to third parties' websites and related to products and services competing with the Complainant's products and services.\r\n\r\nThe 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 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 Complainant contends that the disputed domain name is identical or at least confusingly similar to the Complainant’s trademark, because it reproduces the term “INTESA” with the mere addition of the terms “INVESTMENT” and \"BANK\". According to the Complainant, considered the banking and financial context in which the Complainant operates, it is undeniable that the disputed domain name will result even more confusingly similar to the business carried out by the Complainant under the INTESA SANPAOLO Trademark.\r\n\r\nThe Complainant contends that the Respondent has nothing to do with the Complainant, nor has been authorised or licensed to use the INTESA SANPAOLO Trademark or to register or use the disputed domain name. The disputed domain name does not correspond to the Respondent's name, nor is this latter commonly known by the disputed domain name. Since the disputed domain name is parked, there is no fair or non-commercial use of the disputed domain name.\r\n\r\nFinally, the Complainant contends that, given the distinctiveness and reputation of the INTESA SANPAOLO Trademark, it is unlikely that the Respondent had no knowledge of the Complainant's trademark when he had registered the disputed domain name. The Complainant has submitted the results of a Google search and alleges that had the Respondent performed a basic search on Google, he should have yielded obvious references to the Complainant. Hence, according to the Complainant, it is most likely that the Respondent registered and has used the disputed domain name having in mind the Complainant and the INTESA SANPAOLO Trademark and with the clear intention to take advantage of the reputation of the same by creating a likelihood of confusion between such mark and the disputed domain name. The Complainant also contends that the use of the disputed domain name which resolves to a parking page containing links that redirect to websites related to products and services competing with the Complainant's products and services is not to be considered a good faith use under the Policy and the UDRP case law.\r\n\r\nThe Complainant, therefore, requests the transfer of the disputed domain name.\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": [
        "Avv. Ivett Paulovics"
    ],
    "date_of_panel_decision": "2021-10-29 00:00:00",
    "informal_english_translation": "The Complainant is owner of the following trademarks:\r\n- International trademark registration n. 920896 “INTESA SANPAOLO”, registered on 7 March 2007, in classes 9, 16, 35, 36, 38, 41 and 42;\r\n- EU trademark registration n. 5301999 “INTESA SANPAOLO”, filed on 8 September 2006 and registered on 18 June 2007, in classes 35, 36 and 38;\r\n- International trademark registration n. 793367 “INTESA”, registered on 4 September 2002 and duly renewed, in class 36;\r\n- EU trademark registration n. 12247979 “INTESA”, filed on 23 October 2013 and registered on 5 March 2014, in classes 9, 16, 35, 36 38, 41 and 42; and\r\n- EU trademark registration n. 6661672 “INTESA SANPAOLO BANK & device”, filed on 12 February 2008 and registered on 23 January 2009, in classes 9, 16, 35, 36, 41 and 42.\r\n\r\nThe Complainant is also owner of numerous domain names registered in several TLDs and including the terms “INTESA SANPAOLO”, “INTESA” and “INTESA SANPAOLO BANK” (e.g., INTESASANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ, INTESA-SANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ, INTESA.COM, .INFO, .BIZ, .ORG, .US, .EU, .CN, .IN, .CO.UK, .TEL, .NAME, .XXX, .ME, and INTESASANPAOLOBANK.IT, .EU, .COM, .NET, .MOBI, .PL, etc.). All of them resolves to the official website of the Complainant (https:\/\/www.intesasanpaolo.com).\r\n\r\nThe above-mentioned trademarks and domain names are hereinafter collectively referred to as the INTESA SANPAOLO Trademark.",
    "decision_domains": {
        "INTESAINVESTMENTBANK.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}