{ "case_number": "CAC-UDRP-104048", "time_of_filling": "2021-10-04 09:53:15", "domain_names": [ "CONTOLNTESA-AGGIORNA.XYZ" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "IDDP.Net, LLC - ID Domain Privacy Network" ], "respondent_representative": null, "factual_background": "FACTS PROVIDED BY THE COMPLAINANT:\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\nThe Complainant indicates that Intesa Sanpaolo is among the top banking groups 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 the Country, with market shares of more than 19% in most Italian regions, the Group offers its services to approximately 13,5 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 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 is the owner of different trademarks registrations for the terms “INTESA SANPAOLO” and “INTESA”. \r\n\r\nOn October 3, 2020, the Respondent registered the disputed domain name .\r\n\r\nThe Respondent failed to reply this Complaint.", "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 COMPLAINT RESPONSE HAS BEEN FILED.\r\n\r\n\r\nThe Complainant included the following contentious:\r\n\r\na. THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS.\r\n\r\nThe Complainant indicates that the disputed domain name at issue is identical, or – at least – confusingly similar, to the Complainant’s trademarks “INTESA SANPAOLO” and “INTESA”. \r\n\r\nThe Complainant is of the opinion that exactly reproduces the trademark “INTESA”, with the mere substitution of the first letter “I” with the letter “L”, in conjunction with the words “CONTO” and “AGGIORNA”, meaning “account” and “update”, which refer to a financial service, for which the Complainant’s trademarks have been registered and are used.\r\n\r\n\r\nb. THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME.\r\n\r\nThe Complainant mentioned that the Respondent has no rights on the disputed domain name, and any use of the trademarks “INTESA SANPAOLO” and “INTESA” has to be authorized by the Complainant. The Complainant confirmed that nobody has been authorized or licensed by the above-mentioned banking group to use the disputed domain name at issue.\r\n\r\nFurthermore, the Complainant indicates that the disputed domain name at stake does not correspond to the name of the Respondent and, to the best of our knowledge, the Respondent is not commonly known as “CONTOLNTESA-AGGIORNA”.\r\n\r\n\r\nc. THE DISPUTED DOMAIN NAME WAS REGISTERED AND IS USED IN BAD FAITH.\r\n\r\nThe Complainant provided with evidence indicating that the disputed domain name is currently passively held and that the webpage connected to the disputed domain is currently blocked by Google Safe Browsing because of a suspected phishing activity.\r\n\r\nIn accordance with the Complainant, their trademarks “INTESA SANPAOLO” and “INTESA” are distinctive and well known all around the world. The fact that the Respondent has registered a domain name that is confusingly similar to them indicates that the Respondent had knowledge of the Complainant’s trademark at the time of registration of the disputed domain name. In addition, if the Respondent had carried even a basic Google search in respect of the wordings “INTESA SANPAOLO” and “INTESA”, the same would have yielded obvious references to the Complainant. \r\n\r\nThe Complainant provided with evidence that the disputed domain name is not used for any bona fide offerings, considering that the same is connected to a website which has been blocked by Google Safe Browsing through a warning page.\r\n\r\nFrom Complainant's opinion, it is clear that the main purpose of the Respondent was to use the above website for “phishing” financial information in an attempt to defraud the Complainant’s customers and that Google promptly stopped the illicit activity carried out by the Respondent. \r\n\r\nIn conclusion, even excluding any current “phishing” purposes or other illicit use of the disputed domain name in the present case, the Complainant was not able to find other possible legitimate use of . Lastly, it shall be noted that on February 18, 2021 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.\r\n\r\nBased on the above mentioned facts, the Complainant is of the opinion that the third and final element necessary for finding that the Respondent has engaged in abusive domain name registration and use has been established. ", "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": [ "Victor Hugo Garcia Padilla, LL.M." ], "date_of_panel_decision": "2021-11-07 00:00:00", "informal_english_translation": "The Complainant supports its Complaint, supported by evidence, in the following trademark registrations:\r\n\r\n- International trademark registration n. 920896 “INTESA SANPAOLO”, granted on March 7, 2007, in classes 9, 16, 35, 36, 38, 41 and 42;\r\n\r\n- EU trademark registration n. 5301999 “INTESA SANPAOLO”, applied on September 8, 2006 and granted on June 18, 2007, in classes 35, 36 and 38;\r\n\r\n- International trademark registration n. 793367 “INTESA”, granted on September 4, 2002 and duly renewed, in connection with class 36;\r\n\r\n- EU trademark registration n. 12247979 “INTESA”, filed on October 23, 2013 and granted on March 5, 2014, in connection with classes 9, 16, 35, 36 38, 41 and 42.\r\n\r\n\r\nThe Complainant’s trade mark registrations predate the registration of the disputed domain name.\r\n\r\nThe Complainant also mentioned to be the owner, among the others, of the following domain names bearing the signs “INTESA SANPAOLO” and “INTESA”: INTESASANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ, INTESA-SANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ and INTESA.COM, INTESA.INFO, INTESA.BIZ, INTESA.ORG, INTESA.US, INTESA.EU, INTESA.CN, INTESA.IN, INTESA.CO.UK, INTESA.TEL, INTESA.NAME, INTESA.XXX, INTESA.ME. All of them are now connected to the official website http:\/\/www.intesasanpaolo.com. ", "decision_domains": { "CONTOLNTESA-AGGIORNA.XYZ": "TRANSFERRED" }, "panelist": null, "panellists_text": null }