{ "case_number": "CAC-UDRP-104882", "time_of_filling": "2022-09-30 13:48:53", "domain_names": [ "INTESASANPAOLO-INDIRIZZO.COM" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "Raffaella Fiorentini (Proxy Protection LLC)" ], "respondent_representative": null, "factual_background": "

The Complainant is the leading Italian banking group, and one of the protagonists in the European financial arena. The Complainant is among the top banking groups in the euro zone, with a market capitalization exceeding 33.9 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 3,700 branches capillary and well distributed throughout Italy, with market shares of more than 16% in most Italian regions, the Group offers its services to approximately 13.5 million customers. The Complainant has a strong presence in Central-Eastern Europe with a network of approximately 1,000 branches and over 7.0 million customers. 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, such as the United States, Russia, China and India. The Complainant is the owner, among others, of the trademarks mentioned above.

The disputed domain name was registered on December 21, 2021. The disputed domain name remains inactive.<\/span><\/p>", "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.<\/p>", "no_response_filed": "

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. PARTIES' CONTENTIONS:<\/p>\n

COMPLAINANT:<\/p>\n

i)<\/span> The Complainant has rights in the marks “INTESA SANPAOLO” and “INTESA” based on International and EUIPO trademark registrations. The disputed domain name is confusingly similar to the Complainant's trademarks. The disputed domain name exactly reproduces its well-known trademark “INTESA SANPAOLO” with the mere addition of the Italian term “INDIRIZZO” meaning “ADDRESS.”
<\/span><\/p>\n

ii)<\/span> The Respondent has no rights or legitimate interests in respect of the disputed domain name; the use of the trademarks “INTESA SANPAOLO” and “INTESA” has not been authorized by the Complainant; nobody has been authorized or licensed by the above-mentioned banking group to use the disputed domain name; the disputed domain name does not correspond to the name of the Respondent, and thus the Respondent is not commonly known as “INTESASANPAOLO-INDIRIZZO,” and it does not find any fair or non-commercial uses of the disputed domain name.
<\/span><\/p>\n

iii) The Respondent has registered and is using the disputed domain name in bad faith. Complainant’s trademarks “INTESA SANPAOLO” and “INTESA” are distinctive and well- known all around the world. The fact that the Respondent has registered a domain name that is confusingly similar to the Complainant’s well-known trademarks indicates that the Respondent had knowledge of rights in the Complainant’s trademark at the time of registration of the disputed domain name. The Respondent has registered or acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant who is the owner of the trademark or service mark or to a competitor of Complainant, for valuable consideration in excess of the Respondent’s documented out-of-pocket costs directly related to the domain name (the Policy paragraph 4(b)(i)). The disputed domain name is not used for any bona fide offerings, even if it is not connected to any website. UDRP decisions confirmed that the passive holding of a domain name is evidence of bad faith registration and use.<\/p>\n

RESPONDENT:<\/p>\n

The Respondent did not submit a response in this proceeding.<\/span><\/p>", "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).<\/p>", "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).<\/p>", "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).<\/p>", "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.<\/p>", "decision": "Accepted", "panelists": [ "Mr. Ho-Hyun Nahm Esq." ], "date_of_panel_decision": "2022-10-30 00:00:00", "informal_english_translation": "

The Complainant is the owner, among others, of the following registrations for the trademarks “INTESA SANPAOLO” and “INTESA”:

- International trademark registration number 920896 “INTESA SANPAOLO”, granted on March 7, 2007, in classes 9, 16, 35, 36, 38, 41 and 42;
- EU trademark registration number 5301999 “INTESA SANPAOLO”, granted on June 18, 2007, in classes 35, 36 and 38;
- International trademark registration number 793367 “INTESA”, granted on September 4, 2002 in class 36; and
- EU trademark registration number 12247979 “INTESA”, granted on March 5, 2014, in classes 9, 16, 35, 36 38, 41 and 42.

<\/p>", "decision_domains": { "INTESASANPAOLO-INDIRIZZO.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }