The Complainant is the leading Italian banking group, formed as a result of the merger in 2007 between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., two of the top Italian banking groups. The market capitalisation of the Complainant exceeds 32.8 billion Euro, and it has a network of 3700 branches and 13.5 million customers in Italy. The Complainant has a strong presence in Central and Eastern Europe with a network of approximately 1000 branches and over 7 million customers. The international network of the Complainant specialised in supporting corporate customers is present in 25 countries in the Mediterranean area, the United States, Russia, China and India.<\/p>\n
The Complainant’s official website is located at the domain name <intesasanpaolo.com>. The Complainant is also the owner of the domain names <intesa.com>, <intesa.info>, <intesa.biz>, <intesa.org>, <intesa.us> and <intesa.eu>, all of which resolve to the Complainant’s official website.<\/p>\n
The Respondent registered the disputed domain name on 28 April 2022. When an attempt is made to access it, the browser displays a warning in Italian translated in English as: “Deceptive site in sight. Malicious users present on the intesautente.com site could trick you into carrying out dangerous operations, how to install software or disclose personal information (e.g., passwords, phone numbers or credit cards).”<\/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.<\/p>\n
PARTIES' CONTENTIONS:<\/p>\n
COMPLAINANT:<\/p>\n
The Complainant submits that the disputed domain name is confusingly similar to the Complainant’s INTESA trademark, as it exactly reproduces this well-known trademark with the addition of the Italian dictionary word “utente” (meaning “user”), which makes reference to the Complainant’s Internet users.<\/p>\n
According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain name. The Complainant submits that it has never authorized the Respondent to use the INTESA trademark, and the Respondent is not commonly known by the disputed domain name and is not making any fair or non-commercial use of it.<\/p>\n
The Complainant contends that the disputed domain name was registered and is being used in bad faith. It maintains that the INTESA trademark is distinctive and well known around the world, and the fact that the Respondent has registered the disputed domain name which is confusingly similar to it, indicates that it had knowledge of the Complainant’s trademark at the time of registration of the disputed domain name. The Complainant submits that it has not been used for any bona fide offerings. Rather, the circumstances of the case indicate that the Respondent has registered or acquired the domain name primarily for “phishing” financial information in an attempt to defraud the Complainant’s customers. This is evident from the fact that Google promptly stopped the illicit activity carried out by the Respondent by blocking its website. Apart from phishing, there is according to the Complainant no other possible use of the disputed domain name except to resell it to the Complainant.<\/p>\n
The Complainant submits that on 15 June 2022 its attorneys sent a cease-and-desist letter to the Respondent, asking for the voluntary transfer of the disputed domain name at issue, but the Respondent did not respond to this letter.<\/p>\n
RESPONDENT:<\/p>\n
The Respondent did not submit a Response in this proceeding.<\/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": [ "Assen Alexiev" ], "date_of_panel_decision": "2022-11-24 00:00:00", "informal_english_translation": "
The Complainant is the owner of the following trademark registrations for the sign “INTESA” (the “INTESA trademark”):<\/p>\n
- the International trademark INTESA with registration No. 793367, registered on 4 September 2002 for services in International Class 36; and<\/p>\n
- the European Union trademark INTESA with registration No. 12247979, registered on 5 March 2014 for goods and services in International Classes 9, 16, 35, 36, 38, 41 and 42.<\/p>", "decision_domains": { "INTESAUTENTE.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }