FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant is the leading Italian banking group and also one of the major players in the European financial arena. Intesa Sanpaolo is the company resulting from the merger (effective as of January 1, 2007) between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., two of the top Italian banking groups.<\/p>\n
Intesa Sanpaolo is among the top banking groups in the euro-zone, with a market capitalisation exceeding 39,5.0 billion euro, and is the undisputed leader in Italy in all business areas (retail, corporate and wealth management).<\/p>\n
Intesa Sanpaolo has a strong presence in Central\/Eastern Europe with a network of approximately 950 branches and over 7 million customers. Moreover, its international network for 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.<\/span><\/p>\n The Complainant also affirms to be the owner, inter alia, of the following domain names:<\/p>\n <intesa.com>, <intesa.info>, <intesa.biz>, <intesa.org>, <ntesa.us>, <intesa.eu>, <intesa.cn>, <intesa.in>, <intesa.co.uk>, <ntesa.tel>, <intesa.name>, <intesa.xxx>, <intesa.me>, <bancaintesa.com>, <bancaintesa.org>, <bancaintesa.eu>, <bancaintesa.info>, <bancaintesa.net>, <bancaintesa.biz>, <bancaintesa.it>, <bancaintesa.asia>, <bancaintesa.pl>, <bancaintesa.ro>, <bancaintesa.tk>, <bancaintesa.tw> and <bancaintesa.cn>. All of these are connected to the official website www.intesasanpaolo.com.<\/p>\n On August 8, 2021, the Respondent registered the domain name <bancintesa.com>.<\/p>\n The disputed domain name resolves to a website containing gambling links and pornographic images, videos and links.<\/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": " PARTIES' CONTENTIONS:<\/p>\n COMPLAINANT:<\/p>\n The Complainant contends that: <\/p>\n The Complainant contends that the disputed domain name <bancintesa.com> is confusingly similar to its well-known and distinctive trademarks \"INTESA SANPAOLO” and “INTESA”.<\/p>\n The Complainant further affirms that the disputed domain name represents a clear example of typosquatting. The Complainant contends that the Respondent is not commonly known by the disputed domain name and that the Respondent is not affiliated with or authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and is not related to the Complainant’s business in any way. The Complainant does not carry out any activity for, nor has any business dealings with, the Respondent. The Complainant contends that owing to the renown of the Complainant’s trademarks, it is presumable that the Respondent had actual knowledge of the Complainant’s distinctive trademarks. <\/p>\n The Complainant further contends that the redirection to pornographic sites from a domain name incorporating a well-known trademark is evidence of bad faith. <\/p>\n In addition, the Complainant, quoting previous UDRP decisions, contends that using a domain name to tarnish a complainant’s trademark (e.g., by posting false or defamatory content, including for commercial purposes) may also constitute evidence of a respondent’s bad faith, and this surely includes adult content, as in the present case. RESPONDENT:<\/p>\n NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/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": [
"Fabrizio Bedarida"
],
"date_of_panel_decision": "2023-03-10 00:00:00",
"informal_english_translation": " The Complainant has proven to be the owner of the INTESA and BANCA INTESA marks.<\/p>\n The Complainant is, inter alia, the owner of the following trademarks:<\/p>\n - International trademark registration no. 920896 “INTESA SANPAOLO”, granted on March 7, 2007 and renewed, in classes 9, 16, 35, 36, 38, 41 and 42;<\/p>\n - EU trademark registration no. 12247979 “INTESA”, applied on October 23, 2013 and granted on March 5, 2014, in classes 9, 16, 35, 36, 38, 41 and 42;<\/p>\n - EU trademark registration no. 779793 “BANCA INTESA”, applied on March 24, 1998, granted on November 15, 1999 and duly renewed, in classes 9, 16, 36, 41 and 42;<\/p>\n - International trademark registration no. 793367 “INTESA”, granted on September 4, 2002 and renewed, in connection with class 36;<\/p>\n - International trademark registration no 1032908 “BANCA INTESA”, granted on December 18, 2009 and duly renewed, in classes 9, 16, 35, 36, 41, 42 and 45.<\/p>",
"decision_domains": {
"BANCINTESA.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}\n
<\/p>\n\n
<\/p>\n\n
<\/p>\n