The Complainant is an Italian company engaged in the banking industry. It is one of the most prominent banking groups in the Euro Zone. It is also the owner of a series of registered trademarks for INTESA SANPAOLO and INTESA and related domain names that are used in its business. It has come to the notice of the Complainant that on December 19, 2021, the Respondent registered the domain name <intesasanpaolo-logins.com> without the permission of the Complainant and without any right to do so. The only discernible use to which the domain name has been put is that the website to which it resolves has been blocked by Google Safe Browsing through a warning page. As a result, the Complainant has filed this Complaint and has requested that the disputed domain name be transferred from the Respondent to the Complainant.<\/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.<\/span><\/p>",
"no_response_filed": " NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. PARTIES' CONTENTIONS: COMPLAINANT<\/span><\/p>\n The disputed domain name is identical or confusingly similar to the Complainant's INTESA SANPAOLO and INTESA trademarks more particularly described hereunder.<\/span><\/p>\n The Complainant is an Italian company engaged in the banking industry. It is one of the most prominent banking groups in the Euro Zone. It is also the owner of the following series of registered trademarks for INTESA SANPAOLO and INTESA, namely:<\/span><\/p>\n - International trademark registration n. 920896 “INTESA SANPAOLO”, granted on March 7, 2007 and duly renewed, in connection with classes 9, 16, 35, 36, 38, 41 and 42;<\/span><\/p>\n - International trademark registration n. 793367 “INTESA”, granted on September 4, 2002 and duly renewed, in connection with class 36;<\/span><\/p>\n - EU trademark registration n. 5301999 “INTESA SANPAOLO”, filed on September 8, 2006, granted on June 18, 2007 and duly renewed, in connection with the classes 35, 36 and 38;<\/span><\/p>\n - EU trademark registration n. 12247979 “INTESA”, filed on October 23, 2013 and granted on March 5, 2014, in connection with classes 9, 16, 35, 36, 38, 41 and 42.<\/span><\/p>\n The Complainant is also the owner of a series of domain names that it uses in its business including the domain name <intesasanpaolo.com>.<\/span><\/p>\n On December 19, 2021, the Respondent registered the disputed domain name <intesasanpaolo-logins.com> which consists of the Complainant's INTESA SANPAOLO trademark in its entirety, to which has been added a hyphen and the descriptive word \"logins\". The domain name is therefore confusingly similar to the INTESA SANPAOLO trademark.<\/span><\/p>\n The Respondent has no rights or legitimate interests in the disputed domain name as the Respondent was not authorized by the Complainant to register it; the Respondent is not commonly known by the domain name and the Respondent had not used it for a fair or non-commercial purpose.<\/p>\n The disputed domain name was registered and is used in bad faith. That is so because it has been passively held by the Respondent, the Respondent must have had actual knowledge of the Complainant's INTESA SANPAOLO trademark at the time of registering the domain name, which fact could have been ascertained by a basic Google search. Moreover, the domain name has not been used for a bona fide offering and the Respondent has attempted to use in breach of paragraph 4(b) (iv) of the Policy. The registration and use of the domain name in bad faith is evidenced by the fact that the website to which it resolves has been blocked by Google Safe Browsing through a warning page. The necessary inference from that situation is that the main purpose for the Respondent having registered the domain name was to use its website for phishing for financial information in an attempt to defraud the Complainant's customers, which has prompted Google to stop this illegal activity and also with the intention to try to sell the domain name to the Complainant.<\/p>\n These contentions are supported by numerous prior UDRP decisions.<\/p>\n The Respondent has not complied with a cease and desist letter sent by the Complainant's attorney on June 16, 2022 requesting the transfer of the domain name to the Complainant.<\/p>\n RESPONDENT<\/p>\n The Respondent did not file 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).<\/span><\/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).<\/span><\/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).<\/span><\/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.<\/span><\/p>",
"decision": "Accepted",
"panelists": [
"Neil Brown"
],
"date_of_panel_decision": "2023-01-03 00:00:00",
"informal_english_translation": " <\/p>\n The Complainant is the owner of <\/span>International trademark registration n. 920896 “INTESA SANPAOLO”, granted on March 7, 2007 and duly renewed, in connection with classes 9, 16, 35, 36, 38, 41 and 42 and a series of other registered trademarks for INTESA SANPAOLO and INTESA more particularly set out hereunder.<\/span><\/p>",
"decision_domains": {
"INTESASANPAOLO-LOGINS.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}