{
    "case_number": "CAC-UDRP-104623",
    "time_of_filling": "2022-06-02 09:15:05",
    "domain_names": [
        "ONLINEINTESA.ORG",
        "ONLINEINTESA.NET"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Intesa Sanpaolo S.p.A.",
    "respondent": [
        "Gabriella Campora"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is an Italian banking group based in Torino. With its 3,700 branches distributed throughout Italy, the Complainant offers its services to more than 11 million customers and its market share amount to more than 15% in most Italian regions. \r\n\r\nNo information is known about the Respondent who registered the disputed domain names <ONLINEINTESA.ORG> and <ONLINEINTESA.NET> on 19 July, 2021. The disputed domain names are not currently used in connection with any goods or services and resolve in blank pages with no content.\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 names.",
    "no_response_filed": "COMPLAINANT' CONTENTIONS: \r\n\r\nIdentical or confusingly similar\r\n\r\nThe Complainant argues that the disputed domain names <ONLINEINTESA.ORG> and <ONLINEINTESA.NET> and the Complainant's registered trademarks are confusingly similar. \r\n\r\nThe Complainant states, in particular, that the registered trademarks are fully contained in the disputed domain names and points out that the elements in which the names differ, are not relevant and thus do not alter the overall confusion between the them. \r\n\r\nNo rights or legitimate interests\r\n\r\nThe Complainant argues that there is no evidence at all that the Respondent is commonly known by the disputed domain names or a name corresponding to the disputed domain names, nor that the Respondent is using the disputed domain names for offering goods or services in the market. Moreover, the Complainant states that the Respondent has not been licensed or otherwise authorized to use any of the Complainant’s trademarks nor to apply for or use any domain name incorporating such trademarks.\r\n\r\nRegistered and used in bad faith\r\n\r\nAs far as bad faith registration is concerned, the Complainant states that the trademarks owned by him are well known marks and consequently the Respondent could not be unaware of the Complainant rights over the name “INTESA” and\/or “INTESA SANPAOLO” at the time of the disputed domain name registration.\r\n\r\nFinally, the websites at the disputed domain names are currently inactive and there is no evidence of having ever been associated with any goods or services. The Complainant underlines that, although the domain names have ever been actively used by the Respondent, passive holding may amount to bad faith use under certain circumstances, as in this case.\r\n\r\nRESPONDENT'S CONTENTIONS:\r\n\r\nThe Respondent did not respond to the Complaint.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are identical or confusingly similar to trademarks 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 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 in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).",
    "procedural_factors": "On 7 June 2022, the Czech Arbitration Court (the CAC) transmitted a notification of the Complaint to the Respondent, setting a deadline of 27 June, 2022, by which the Respondent had the obligation to file a Response to Complaint to avoid default. The commencement notification was transmitted to the Respondent by e-mail to the e-mail addresses postmaster@onlineintesa.org and postmaster@onlineintesa.net which returned back undelivered. \r\n\r\nOn the e-mail notice was also sent to Respondent´s registered e-mail campora.gabriella@libero.it, but no proof of delivery or notification of undelivery was received. Having reviewed the communications records in the case file, the Panel finds that the CAC has discharged its responsibility under Paragraph 2(a) of the Rules \"to employ reasonable available means calculated to achieve actual notice to Respondent.\"\r\n\r\nThe 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.\r\n",
    "decision": "Accepted",
    "panelists": [
        "JUDr. Hana Císlerová, LL.M."
    ],
    "date_of_panel_decision": "2022-07-02 00:00:00",
    "informal_english_translation": "The Complainant owns several trademarks consisting either of the word element “INTESA” alone or “INTESA SANPAOLO”. \r\n\r\nSome of the most relevant trademarks are as follows:\r\n\r\n•\tWord EU trademark “INTESA”, No. 12247979, registered in Classes 9, 16, 35, 36, 38, 41 and 42 \r\n•\tWord EU trademark “INTESA SANPAOLO”, No. 5301999, registered in Classes 35, 36 and 38\r\n•\tInternational Registration of a word trademark “INTESA”, No. 793367 in Class 36\r\n•\tInternational Registration of a word trademark “INTESA SANPAOLO”, No. 920896 in Classes 9, 16, 35, 36, 41, 42.\r\n\r\nMoreover, the Complainant owns an important domain names portfolio containing the expressions “INTESA” alone or “INTESA SANPAOLO”.\r\n",
    "decision_domains": {
        "ONLINEINTESA.ORG": "TRANSFERRED",
        "ONLINEINTESA.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}