{
    "case_number": "CAC-UDRP-104118",
    "time_of_filling": "2021-11-01 09:33:36",
    "domain_names": [
        "INTESAFX.COM",
        "INTESAFXTR.COM",
        "INTESAFX21.COM",
        "INTESAFXTR21.COM"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Intesa Sanpaolo S.p.A.",
    "respondent": [
        "Intesa Trade LTD"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant originates from the merger, in 2007, of Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., two of the most important Italian banking groups. As a result, the Complainant is the undisputed leader in Italy in the retail, corporate and wealth management fields and is among the top banking groups in the Euro zone, with a market capitalisation exceeding 47,7 billion Euro. The Complainant operates throughout the Italian territory with a network of around 4,300 branches and a market share above 19% in most Italian regions. The Complainant offers its services to approximately 13,5 million customers in Italy, and has a strong presence also in Central-Eastern Europe, with a network of approximately 1000 branches and over 7,2 million customers.\r\n\r\nThe disputed domain names were registered in July 2021, well after the Complainant's trademarks, and lead to parking pages containing sponsored links to banking and financial services, among others.",
    "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 names.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nThe Complainant maintains that the disputed domain names are identical or at least confusingly similar to the Complainant's trademarks listed above. More specifically, the disputed domain names include the Complainant's trademarks followed by \"fx\", \"fxtr\", \"fx21\" and \"fxtr21\", as the case may be. These wordings refer to \"forex\", \"forex trading\", \"forex 2021\" and \"forex trading 2021\". The word \"forex\" stands for \"foreign exchange market\", which is descriptive of the financial services for which the Complainant's trademarks are registered and used.\r\n\r\nThe Complainant also maintains that the Respondent has no rights on the disputed domain names, and that any use of the trademarks INTESA and INTESA SANPAOLO should be authorised by the Complainant. The Complainant did not authorise the Respondent to use the dispute domain names and the Respondent is not making a non-commercial or fair use of these domain names. \r\n\r\nLastly, the Complainant contends that the disputed domain names were registered and are being used in bad faith. The Complainant's trademarks INTESA and INTESA SANPAOLO are distinctive and well-known. The fact that the Respondent registered four domain names all confusingly similar to the Complainant's trademarks shows that the Respondent was well aware of these trademarks at the time of the registration of the disputed domain names.  A simple Google search on the trademarks INTESA and INTESA SANPAOLO would have revealed that they all belong to the Complainant.  Therefore, it is more than likely that the Respondent would not have registered the disputed domain names if it were not for the Complainant's trademarks.\r\nThe Complainant also finds that disputed domain names are not used in connection with a bona fide offering of goods or services. The disputed domain names lead to parking pages containing sponsored links, including, for banking and financial services. Consequently, the disputed domain names and corresponding web pages are likely to mislead potential customers of the Complainant as to their origin. Therefore, the Complainant believes that the Respondent registered and uses the disputed domain names to divert traffic from the Complainant and thus in bad faith. The Respondent is also likely to derive an income from the sponsored links associated to the disputed domain names, which is a further indication of bad faith.\r\n\r\nFor all these reasons, the Complainant requests that the disputed domain names be transferred to the Complainant.\r\n\r\nThe Respondent did not reply to the Complainant's contentions.",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [
        "Angelica Lodigiani"
    ],
    "date_of_panel_decision": "2021-12-12 00:00:00",
    "informal_english_translation": "The Complainant is the owner of the following trademarks:\r\n\r\n- INTESA SANPAOLO, international registration No. 920896, of 7 March 2007, duly renewed, for goods and services in classes 9, 16, 35, 36, 41 and 42;\r\n- INTESA, international registration No. 79336, of 4 December 2002, duly renewed, for services in class 36;\r\n- INTESA SANPAOLO, EUTM registration No. 530199, filed on 8 September 2006 and registered on 18 June 2007, duly renewed, for services in classes 35, 36 and 38; and\r\n- INTESA, EUTM registration No. 12247979, filed on 23 October 2013 and registered on 5 March 2014 for goods and services in classes 9, 16, 35, 36, 38, 41 and 42.",
    "decision_domains": {
        "INTESAFX.COM": "TRANSFERRED",
        "INTESAFXTR.COM": "TRANSFERRED",
        "INTESAFX21.COM": "TRANSFERRED",
        "INTESAFXTR21.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}