{ "case_number": "CAC-UDRP-104778", "time_of_filling": "2022-08-10 09:34:35", "domain_names": [ "IINTESSASANPAOLO.COM" ], "case_administrator": "Iveta Špiclová (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "abuye dumedes" ], "respondent_representative": null, "factual_background": "The Complainant is an Italian banking group resulting from the merger (effective as of January 1, 2007) between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A.\r\n\r\nThe Complainant has a market capitalisation exceeding 35,6 billion euro and a network of approximately 3,700 branches in Italy. The Complainant also has a strong presence in Central-Eastern Europe with a network of approximately 1.000 branches and over 7,0 million customers. Moreover, the Complainant’s international network specialised 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. \r\n\r\nThe Complainant is the owner of several word marks for INTESA SANPAOLO, registered in several classes and covering various countries, including in Türkiye where the Respondent is located. The Complainant also claims to be the owner of various domain names including , which resolves to the Complainant’s official website http:\/\/www.intesasanpaolo.com\/.\r\n\r\nThe disputed domain name has been registered on April 25, 2022 by the Respondent. According to evidence provided by the Complainant, the disputed domain name does not resolve to any active website but instead resolves to a page mentioning that the website is blocked by Google Safe Browsing because of suspected phishing activity.\r\n\r\nOn June 6, 2022, the Complainant’s attorneys sent a cease-and-desist letter to the Respondent asking for the voluntary transfer of the disputed domain name. The Complainant indicates that the Respondent did not comply with the above request.", "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": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT: The Complainant considers the disputed domain name to be identical or at least confusingly similar to trademarks in which it has rights. The Complainant claims that the Respondent has no rights or legitimate interests in respect of the disputed domain name. According to the Complainant, the Respondent has not been authorized to register or use the disputed domain name. Also, according to the Complainant, the Respondent’s name does not correspond to the disputed domain name and to the best of the Complainant’s knowledge, the Respondent is not commonly known by the disputed domain name. The Complainant did not find any fair or non-commercial uses of the disputed domain name. Finally, the Complainant considers that the disputed domain name was registered and is being used in bad faith. The Complainant contends that the Respondent knew, or at least should have known, of the existence of the Complainant’s trademarks. According to the Complainant, there are circumstances indicating that by using the domain name, the 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. The Complainant further contends that the main purpose of the Respondent was to use the above website for “phishing” financial information in an attempt to defraud the Complainant’s customers, and that in any event, there is no conceivable legitimate use that could be made of the disputed domain name by the Respondent.\r\n\r\nRESPONDENT: The Respondent did not reply to the Complainant’s contentions.", "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).", "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).", "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).", "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": [ "Flip Petillion" ], "date_of_panel_decision": "2022-09-19 00:00:00", "informal_english_translation": "The Complainant is the holder of various trademarks including the following:\r\n- INTESA SANPAOLO, International trademark registration No. 920896 registered on March 7, 2007 and duly renewed, in classes 9, 16, 35, 36, 38, 41 and 42; and\r\n- INTESA SANPAOLO, EU trademark registration No. 5301999 registered on June 18, 2007 and duly renewed, in classes 35, 36 and 38.", "decision_domains": { "IINTESSASANPAOLO.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }