{ "case_number": "CAC-UDRP-104113", "time_of_filling": "2021-11-01 09:32:44", "domain_names": [ "7PORTALEWEB-LNTESA-SANPAOLO.COM" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "clientvps eric milon" ], "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, formed as a result of the merger in 2007 between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., two of the top Italian banking groups. The market capitalisation of the Complainant exceeds 47.7 billion Euro, and it has a network of 4300 branches and 13.5 million customers in Italy. The Complainant has a strong presence in Central and Eastern Europe with a network of approximately 1000 branches and over 7.2 million customers. The international network of the Complainant specialised in supporting corporate customers is present in 25 countries in the Mediterranean area, the United States, Russia, China and India.\r\n\r\nThe Complainant’s official website is located at the domain name .\r\n\r\nThe Respondent registered the disputed domain name on 3 February 2021. It is inactive. \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 Complainant submits that the disputed domain name is confusingly similar to the Complainant’s INTESA SANPAOLO trademark, as it exactly reproduces this well-known trademark with the substitution of the letter “I” with the letter “L” in the trademark’s element “INTESA” (a clear example of typosquatting) and the addition of the number “7” and the terms “PORTALE” (meaning “portal”) and ”web”, which are descriptive. \r\n\r\nAccording to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant submits that it has never authorized the Respondent to use the INTESA SANPAOLO trademark, and the Respondent is not commonly known by the disputed domain name and is not making any fair or non-commercial use of it. \r\nThe Complainant contends that the disputed domain name was registered and is being used in bad faith. It maintains that the INTESA SANPAOLO trademark is distinctive and well known around the world, and the fact that the Respondent has registered the disputed domain name which is confusingly similar to it, indicates that it had knowledge of the Complainant’s trademark at the time of registration of the disputed domain name. The Complainant submits that it has not been used for any bona fide offerings. Rather, the circumstances of the case indicate that the Respondent has registered or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring it to the Complainant or to a competitor of the Complainant for valuable consideration in excess of the Respondent’s documented out-of-pocket costs directly related to the disputed domain name. \r\n\r\nThe Complainant points out that the disputed domain name is inactive. According to it, there is no conceivable use that could be made of the disputed domain name that would not amount to an infringement of the Complainant’s trademark rights, since the disputed domain name corresponds to the Complainant’s well-known INTESA SANPAOLO trademark and the Complainant’s domain names used by it to provide online banking services for enterprises.\r\n\r\nThe Complainant submits that the risk of a wrongful use of the disputed domain name is even higher in the present case, since the Complainant has already been targeted by some cases of phishing in the past few years. Some clients of the Complainant have received e-mail messages asking for their sensitive data. In the present case, the Complainant believes that the Respondent registered the disputed domain name with a phishing purpose, in order to induce and divert the Complainant’s legitimate customers to its website and steal their money since the disputed domain name is an example of typosquatting.\r\n\r\nApart from phishing, there is according to the Complainant no other possible use of the disputed domain name except to resell it to the Complainant.\r\n\r\n\r\nRESPONDENT:\r\n\r\nThe Respondent did not submit a Response in this proceeding.", "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": [ "Assen Alexiev" ], "date_of_panel_decision": "2021-12-08 00:00:00", "informal_english_translation": "The Complainant is the owner of the following trademark registrations for the sign “INTESA SANPAOLO” (the “INTESA SANPAOLO trademark”):\r\n\r\n- the International trademark INTESA SANPAOLO with registration No.920896, registered on 7 March 2007 for goods and services in International Classes 9, 16, 35, 36, 41 and 42; and\r\n\r\n- the European Union trademark INTESA SANPAOLO with registration No.5301999, registered on 18 June 2007 for goods and services in International Classes 35, 36 and 38.\r\n", "decision_domains": { "7PORTALEWEB-LNTESA-SANPAOLO.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }