{
    "case_number": "CAC-UDRP-104621",
    "time_of_filling": "2022-06-02 09:13:46",
    "domain_names": [
        "INTESASHAMPAOLO.COM"
    ],
    "case_administrator": "Denisa Bilík (CAC) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Intesa Sanpaolo S.p.A.",
    "respondent": [
        "SANGY Ltd Maurizio Sangineto"
    ],
    "respondent_representative": null,
    "factual_background": "According to the information provided Complainant is a leading Italian banking group. It is among the top banking groups in the euro zone with a network of approximately 4,700 branches. Moreover, the international network specialized in supporting corporate customers is present in 25 countries, in particular in the Mediterranean area and those areas where Italian companies are most active. Its principal website is “www.intesasanpaolo.com”.  \r\n\r\nThe disputed domain name <intesashampaolo.com> was registered on 15 January 2022. \r\n\r\nThe trademark registrations of Complainant have been issued prior to the registration of the disputed domain name.",
    "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\nAccording to Complainant the disputed domain name is identical or confusingly similar to Complainant's trademarks. Complainant submits that the disputed domain name exactly reproduces the well-known trademark INTESA SANPAOLO with the mere substitution of the mark’s portion “SAN” with the letters “S”, “H”, “A” and “M” (a clear example of typosquatting).\r\n\r\nAccording to Complainant, Respondent has no rights or legitimate interest in the disputed domain name. Any use of the trademarks of Complainant has to be authorized by Complainant. Nobody has been authorized or licensed by Complainant to use the disputed domain name. The disputed domain name does not correspond to the name of Respondent and, to the best of its knowledge, Respondent is not commonly known as Intesashampaolo.\r\nLastly, any fair or non-commercial uses of the disputed domain name has not been found. Complainant submits that the disputed domain name resolves to a parking pay-per-click page which allows access to the web sites of Complainant’s competitors, \r\n\r\nAccording to Complainant the disputed domain name is registered and used in bad faith. Complainant’s trademark INTESA SANPAOLO is distinctive. The fact that Respondent has registered a domain name that is confusingly similar to the trademark indicates that Respondent had knowledge of Complainant’s trademark at the time of registration of the disputed domain name. It is more than likely that the disputed domain name would not have been registered if it were not for Complainant’s trademark. \r\nIn addition, the disputed domain name is not used for any bona fide offerings. More particularly, Complainant submits that there are circumstances indicating that, by using the disputed domain name, Respondent has intentionally attempted to attract, for commercial gain, Internet users to his web site, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his web site.  Several services can be detected, but not in good faith: in fact, the disputed domain name is connected to a website sponsoring, among others, banking and financial services, for whom Complainant’s trademarks are registered and used. \r\n\r\nRESPONDENT:\r\n\r\nRespondent submits that he is an Italian artist and that he created a pop art artwork (in advertising style as Andy Warhol examples) with the title of the disputed domain name without any offensive intention or bad faith purpose.\r\nThe artwork has been conceived long before receiving the complaint and it is published in an official art catalogue. There is no risk of confusion because the disputed domain name is different and only referred to an artwork with that title of which Respondent is the author.\r\nIt's a fantasy name which inside has the concept of the words: \"intesa\" (a common Italian word) and \"shampoo\" (common international word).\r\nFinally Respondent submits that no financial service is or will be offered through the disputed domain name. ",
    "rights": "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 Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "Complainant has, to the satisfaction of the Panel, shown 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": "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": [
        "Dinant T.L. Oosterbaan"
    ],
    "date_of_panel_decision": "2022-07-14 00:00:00",
    "informal_english_translation": "According to the evidence submitted by Complainant, Complainant is the owner of multiple trademarks including the European Union trademark INTESA SANPAOLO, number 005301999, registration date 18 June 2007. ",
    "decision_domains": {
        "INTESASHAMPAOLO.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}