{ "case_number": "CAC-UDRP-105220", "time_of_filling": "2023-02-23 09:31:45", "domain_names": [ "BBBLNTESASANPAOLO.XYZ" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "Sandra Verzulli" ], "respondent_representative": null, "factual_background": "

The Complainant is a relevant Italian banking group with strong presence 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, it has a market capitalization exceeding 45,8 billion euro, with presence in different business areas as retail, corporate and wealth management. The Complainant has a network of approximately 3,600 branches capillary, distributed throughout Italy, with market shares of more than 16% in most Italian regions, the Complainant offers its services to approximately 13,6 million customers.<\/p>\n

The Complainant has a strategic international presence, with over 950 branches and 7.1 million customers, comprising subsidiaries operating in 12 countries in Central-Eastern Europe and Middle Eastern and North African areas and an international network of specialists in support of corporate customers across 25 countries, in particular in the Middle East and North Africa, including in the United States, Russia, China and India.<\/p>\n

The Complainant owns the International Trademarks INTESA since September 4, 2002 and INTESA SANPAOLO since March 7, 2007; and European’s Trademark rights over INTESA SANPAOLO, since September 8, 2006 and INTESA since October 23, 2013.<\/p>\n

The Complainant also owns a domain name’s portfolio, based on the Trademarks: INTESA SANPAOLO and INTESA: <intesasanpaolo.com>, .org, .eu, .info, .net, .biz; <intesa-sanpaolo.com>, .org, .eu, .info, .net, .biz and <intesa.com>, .info, .biz, .org, .us, .eu, .cn, .in, .co.uk, .tel, .name, .xxx, .me, which are connected to the official website http:\/\/www.intesasanpaolo.com<\/a>, registered on August 24, 2006.<\/p>\n

According to the evidence submitted, the disputed domain name <bbblntesasanpaolo.xyz<\/strong>> was registered on June 6, 2022<\/strong>.<\/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": "

Respondent<\/strong><\/p>\n

The Respondent did not reply to any of the Complainant's contentions.<\/p>\n

 <\/p>\n

Complainant Contentions<\/strong>:<\/p>\n

The Complainant asserts that the disputed domain name is identical, or – at least – confusingly similar, to the Complainant’s trademarks “INTESA SANPAOLO” and “INTESA”. That as a matter of fact, BBBLNTESASANPAOLO.XYZ exactly reproduces the well-known trademark “INTESA SANPAOLO”, with the mere substitution of the letter “I” with the letter “L” in the mark’s verbal portion “INTESA”, and the addition of the letters “BBB” (BBBL<\/u><\/strong>INTESASANPAOLO). That consequently, the disputed domain name represents a clear example of typosquatting.<\/p>\n

The Complainant asserts 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. That nobody has been authorized or licensed by the above-mentioned banking group to use the disputed domain name.<\/p>\n

That the disputed domain name does not correspond to the name of the Respondent and, to the best of Complainant’s knowledge, the Respondent is not commonly known as “BBBLNTESASANPAOLO”.<\/p>\n

The Complainant does not find any fair or non-commercial uses of the disputed domain name.<\/p>\n

That the Complainant’s trademarks “INTESA SANPAOLO” and “INTESA” are distinctive and well-known all around the world. The fact that the Respondent has registered a domain name that is confusingly similar to them indicates that the Respondent had knowledge of the Complainant’s trademark at the time of registration of the disputed domain name; if the Respondent had carried even a basic Google search in respect of the wordings “INTESA SANPAOLO” and “INTESA”, the same would have yielded obvious references to the Complainant.<\/p>\n

That the disputed domain name is not used for any bone fide<\/em> offerings; that by using the disputed 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 website (par. 4(b)(iv) of the Policy).<\/p>\n

That several services are offered in bad faith; the disputed domain name is connected to a website sponsoring banking and financial services, for whom the Complainant’s trademarks are registered and used: in particular, the disputed website is \"dedicated to finding the best money-saving offers\"; that consequently, Internet users, while searching for information on the Complainant’s services, are confusingly led to the websites of the Complainant’s competitors, sponsored on the websites connected to the disputed domain name; that the Complainant deems that the Respondent has registered and is using the disputed domain name in order to intentionally divert traffic away from the Complainant’s website.<\/p>\n

On June 16, 2022, the Complainant sent to the Respondent a Cease-and-Desist Letter, asking for the voluntary transfer of the disputed domain name. The Respondent’s did not comply with Complainant’s request.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is 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": [ "María Alejandra López García" ], "date_of_panel_decision": "2023-03-20 00:00:00", "informal_english_translation": "

The Complainant is a relevant Italian banking group with strong presence 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

The Complainant owns the following Trademarks:<\/p>\n

 - International trademark registration No. 920896 INTESA SANPAOLO, granted on March 7, 2007 and in force until March 7, 2027, in connection with classes 9, 16, 35, 36, 41 and 42;<\/p>\n

 - EU trademark registration No. 5301999 INTESA SANPAOLO, filed on September 8, 2006, granted on June 18, 2007 and in force until September 8, 2026, in connection with the classes 35, 36 and 38;<\/p>\n

 - International trademark registration No. 793367 INTESA, granted on September 4, 2002 and in force until September 4, 2032, in connection with class 36;<\/p>\n

 - EU trademark registration No. 12247979 INTESA, filed on October 23, 2013 and granted on March 5, 2014, and in force until October 23, 2023, in connection with classes 9, 16, 35, 36 38, 41 and 42;<\/p>\n

The disputed domain name <bbblntesasanpaolo.xyz<\/strong>> was registered on June 6, 2022<\/strong>.<\/p>", "decision_domains": { "BBBLNTESASANPAOLO.XYZ": "TRANSFERRED" }, "panelist": null, "panellists_text": null }