The Complainant is a leading Italian banking group established on January 1, 2007, resulting from the merger of Banca Intesa S.p.A and San Paolo IMI S.p.A. Intesa Sanpaolo is among the top banking groups in the eurozone, with a market capitalisation exceeding EUR 40,3 billion, and an undisputed leader in Italy, in all business areas (retail, corporate and wealth management).<\/p>\n
The disputed domain name <INTESASANPAOLOSECURE.COM> was registered on March 4, 2022.<\/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 <INTESASANPAOLOSECURE.COM>.<\/p>", "no_response_filed": "
COMPLAINANT:<\/span><\/p>\n 1. The disputed domain name is confusingly similar to the protected mark<\/p>\n According to the Complainant, the Respondent’s registered disputed domain name is identical, or – at least – confusingly similar, to the Complainant’s trademarks “INTESA SANPAOLO” and “INTESA”. Essentially, <INTESASANPAOLOSECURE.COM> exactly reproduces the Complainant's well-known trademark “INTESA SANPAOLO”, with the mere addition of the term “SECURE”, which is merely descriptive. The Complainant claims that the disputed domain name, which is currently passively held, was registered and used in bad faith. The Complainant’s trademarks, “INTESA” and “INTESA SANPAOLO”, are distinctive and well-known worldwide. The fact that the Respondent has registered a domain name that is confusingly similar to them indicates that the Respondent knew of the Complainant’s trademark at the time of registration of the disputed domain name. Even excluding any “phishing”<\/em> purposes or other illicit use of the disputed domain name in the present case (which however, has been confirmed by Google Safe Browsing with a warning page), the Complainant claims there is no other possible legitimate use of <INTESASANPAOLOSECURE.COM>. The sole further aim of the Respondent under consideration might be to resell it to the Complainant, which represents, in any case, evidence of the registration and use in bad faith, according to par. 4(b)(i).<\/span><\/p>\n RESPONDENT:<\/span> 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": [
"Barbora Donathová"
],
"date_of_panel_decision": "2023-02-01 00:00:00",
"informal_english_translation": " The Complainant states and provides evidence to support that it is the owner, among others, of multiple trademark registrations for the trademarks “INTESA” and “INTESA SANPAOLO”:<\/span> - EU trademark registration n. 12247979 “INTESA”, applied on October 23, 2013, and granted on March 5, 2014, in classes 9, 16, 35, 36, 38, 41 and 42;<\/span>
<\/span>2. Respondent does not have any rights or legitimate interest in the disputed domain name<\/span>
The Complainant argues that the Respondent has no rights on the disputed domain name, and any use of the trademarks “INTESA SANPAOLO” and “INTESA” has to be authorized by the Complainant. Nobody has been authorized or licensed by the above-mentioned banking group to use the disputed domain name.<\/span>
The disputed domain name does not correspond to the name of the Respondent and, to the best of the Complainant's knowledge, the Respondent is not commonly known as “INTESASANPAOLOSECURE”.<\/span>
3. The Disputed Domain Name has been registered and is being used in bad faith<\/span><\/p>\n
The Complainant contends it is evident from a basic Google search concerning the wordings “INTESA” and “INTESA SANPAOLO” the same would have yielded obvious references to the Complainant. This raises a clear inference of knowledge of the Complainant’s trademark on the part of the Respondent. Therefore, it is more than likely that the disputed domain name would not have been registered if it were not for Complainant’s trademark. This is evidence of registration of the disputed domain name in bad faith.
Also, the disputed domain name is not used for any bona fide <\/em>offerings. More particularly, the Complainant presents that the webpage connected to the disputed domain name is currently blocked by Google Safe Browsing because of suspected “phishing”<\/em> activity. The Complainant argues that the<\/span> main purpose of the Respondent was to use the above website for “phishing”<\/em> financial information in an attempt to defraud the Complainant’s customers and that Google promptly stopped the illicit activity carried out by the Respondent.<\/p>\n
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/span><\/p>",
"rights": "
- International trademark registration n. 793367 “INTESA”, granted on September 4, 2002, and duly renewed, in class 36;<\/span><\/p>\n
- International trademark registration n. 920896 “INTESA SANPAOLO”, granted on March 7, 2007, and duly renewed, in classes 9, 16, 35, 36, 41, 42;<\/span>
- EU trademark registration n. 5301999 “INTESA SANPAOLO”, applied on September 8, 2006, granted on June 18, 2007, and duly renewed in classes 35, 36 and 38.<\/span>
Moreover, the Complainant is also the owner, among the others, of the following domain names bearing the signs “INTESA SANPAOLO” and “INTESA”: INTESASANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ, INTESA-SANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ and INTESA.COM, INTESA.INFO, INTESA.BIZ, INTESA.ORG, INTESA.US, INTESA.EU, INTESA.CN, INTESA.IN, INTESA.CO.UK, INTESA.TEL, INTESA.NAME, INTESA.XXX, INTESA.ME. <\/span>All of them are now connected to the official website www.intesasanpaolo.com.<\/span><\/p>",
"decision_domains": {
"INTESASANPAOLOSECURE.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}