{ "case_number": "CAC-UDRP-104114", "time_of_filling": "2021-12-02 09:19:10", "domain_names": [ "LNTESA-SPA.COM" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "Ciro Ignoto" ], "respondent_representative": null, "factual_background": "The Complainant’s contentions can be summarised as follows:\r\n\r\nI. The disputed domain name is confusingly similar to trade marks in which the Complainant has rights\r\n\r\nThe Complainant is the leading Italian banking group and a major player in the European financial arena, whose company name resulted from the merger in 2007 between two Italian banking groups, namely Banca Intesa S.p.A. and Sanpaolo IMI S.p.A. The Complainant currently offers its services to approximately 13.5 million customers worldwide, with an international network present in 25 countries.\r\n\r\nIn addition to the trade marks mentioned above and numerous other trade marks, the Complainant informs that it is also the owner of various domain names which contain the marks INTESA and INTESA SANPAOLO, most notably , which was registered in 2006. \r\n\r\nThe disputed domain name was registered on 7 February 2021. \r\n\r\nThe Complainant claims that the disputed domain name is identical, or at least confusingly similar, to the Complainant’s trade marks INTESA and INTESA SANPAOLO. The disputed domain name merely substitutes the first letter “i” with the letter “l” in the word “lntesa”, and contains the abbreviation “SPA” in the string, which stands for “Società per Azioni” or “Limited Company” in the English language and is the Complainant’s legal form.\r\n\r\n\r\nII. The Respondent has no rights or legitimate interests in respect of the disputed domain name\r\n\r\nThe Complainant states that the Respondent has no rights in the disputed domain name, and that any use of the trade marks INTESA SANPAOLO and INTESA has to be authorised by the Complainant. The Respondent is not authorised or licensed by the Complainant in any way, nor is the Respondent known by the disputed domain name.\r\n\r\n\r\nIII. The Respondent registered and is using the disputed domain name in bad faith\r\n\r\nRegistration\r\n\r\nThe Complainant states that the trade marks INTESA SANPAOLO and INTESA are well-known and distinctive. The Complainant further states that, given the distinctiveness and reputation of the Complainant’s trade marks, it is reasonable to infer that the Respondent has registered the disputed domain name with full knowledge of the Complainant’s trade marks INTESA SANPAOLO and INTESA.\r\n\r\n\r\nUse \r\n\r\nThe Complainant avers that the disputed domain name is held passively, and that the Respondent has intentionally used it to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant as to the source, sponsorship, affiliation, or endorsement of that website (paragraph 4(b)(iv) of the UDRP Policy). \r\n\r\nThe Complainant claims that the disputed domain name is not used for any bona fide offerings in so far as it is connected to a website which has been blocked by Google Safe Browsing through a warning page. The Respondent’s main purpose with the disputed domain name is for “phishing” financial information in an attempt to defraud the Complainant’s customers. \r\n\r\nIn the alternative, the Complainant claims that the Respondent’s aim with the registration of the disputed domain name might be to resell it to the Complainant, which is evidence of registration and use of the disputed domain name in bad faith (paragraph 4(b)(i) of the UDRP Policy).\r\n\r\nThe Complainant therefore concludes that the Respondent has registered and is using the disputed domain name in bad faith. ", "other_legal_proceedings": "The Panel is unaware of any other pending or decided legal proceedings in respect of the disputed domain name.", "no_response_filed": "No administratively compliant Response has been filed.", "rights": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to trade marks in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP 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": [ "Yana Zhou" ], "date_of_panel_decision": "2022-01-06 00:00:00", "informal_english_translation": "The Complainant relies upon the following registered trade marks, amongst others:\r\n\r\n• International trade mark registration no. 920896, dated 7 March 2007, for the word mark INTESA SANPAOLO, in classes 9, 16, 35, 36, 38, 41 and 42 of the Nice Classification; \r\n\r\n• International trade mark registration no. 793367, dated 4 September 2002, for the word mark INTESA, in class 36 of the Nice Classification;\r\n\r\n• European Union trade mark registration no. 5301999, dated 18 June 2007, for the word mark INTESA SANPAOLO, in classes 35, 36 and 38 of the Nice Classification; and\r\n\r\n• European Union trade mark registration no. 12247979, dated 5 March 2014, for the word mark INTESA, in classes 9, 16, 35, 36, 38, 41 and 42 of the Nice Classification; \r\n\r\n(hereinafter, the Complainant’s trade marks; the Complainant’s trade mark INTESA; or the Complainant’s trade mark INTESA SANPAOLO).", "decision_domains": { "LNTESA-SPA.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }