{ "case_number": "CAC-UDRP-105473", "time_of_filling": "2023-05-31 12:56:33", "domain_names": [ "INTESASANPAOLOL.COM" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "Jiri Capcuch" ], "respondent_representative": null, "factual_background": "

The Complainant is a leading Italian banking group and a prominent member of the European financial community that has an extensive network of branches and millions of customers and is very active internationally.<\/p>\n

It owns a series of registered trademarks for INTESA SANPAOLO and a series of domain names that it uses in its business. It has come to the notice of the Complainant that the Respondent has registered the domain name <intesasanpaolol.com> ( \"the disputed domain name\") which is clearly a copy of the Complainant's trademark, to which the Respondent has added the letter \"l\"and caused it to resolve to a website sponsoring banking and financial services, for which the Complainant’s INTESA SANPAOLO trademark is registered and used and to the websites of the Complainant’s competitors. This is clearly confusing to the Complainant's customers and potential customers and disruptive of the Complainant business. Accordingly, it has brought this proceeding to have the domain transfferred to itself. The Respondent has not filed a Response.<\/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": "

A. COMPLAINANT<\/p>\n

The Complainant made the following contentions.<\/p>\n

    \n
  1. The Complainant is a leading Italian banking group and a prominent member of the European financial community.<\/li>\n
  2. It has an extensive network of branches and millions of customers and is very active internationally.<\/li>\n<\/ol>\n

    <\/p>\n

          3.The Complainant also owns many domain names that reflect the INTESA           SANPAOLO trademarks, such as <intesasanpaolo.com>, which it uses in its business.<\/p>\n

      \n
    1. The Respondent registered the domain name <intesasanpaolol.com> (“the disputed domain name”) on January 26, 2023.<\/li>\n
    2. The disputed domain name is virtually identical, or at least confusingly similar, to the Complainant’s INTESA SANPAOLO trademarks, as the only difference between the domain name and the trademarks is the addition of the letter “l” to the trademarks. Thus, in registering the domain name, the Respondent has engaged in typosquatting, a practice that has been demonstrated in many prior UDRP decisions.<\/li>\n
    3. The Respondent has no right or legitimate interest in the disputed domain name. That is because the Complainant has not authorized the Respondent to make any use of nor granted any licence to it to use the INTESA SANPAOLO trademarks and to register a domain name incorporating the INTESA SANPAOLO trademarks.<\/li>\n
    4. Moreover, it is apparent that the Respondent is not commonly known by the disputed domain name.<\/li>\n
    5. Further, the Respondent has not made any fair or non-commercial use of the disputed domain name.<\/li>\n
    6. The Respondent has registered and used the disputed domain name in bad faith.<\/li>\n
    7. The  INTESA SANPAOLO trademarks are distinctive and well known all around the world. Therefore, the Respondent must have had actual knowledge of the trademarks at the time of registration of the disputed domain name.<\/li>\n
    8. If the Respondent had carried a basic Google search in respect of the wordings INTESA SANPAOLO the same would have yielded obvious references to the Complainant and its mark. Therefore, it is more than likely that the domain name at issue would not have been registered if it were not for Complainant’s trademark which is clear evidence of registration of the domain name in bad faith.<\/li>\n
    9. In addition, the disputed domain name is not used for any bona fide<\/em> offerings. Thus, it must be concluded that the Respondent intentionally attempted to attract, for commercial gain, internet users to its web site, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of its web site (par. 4(b)(iv) of the Policy) which amounts to registration and use of the domain name in bad faith.<\/li>\n
    10. Moreover, the domain name is linked to a website sponsoring banking and financial services, for which the Complainant’s INTESA SANPAOLO trademarks are registered and used.<\/li>\n
    11. Likewise, 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.<\/li>\n
    12. Therefore, the Complainant submits that the Respondent has registered and is using the domain name to divert traffic away from the Complainant’s web site and is doing so intentionally.<\/li>\n
    13. The validity of those contentions is supported by numerous prior UDRP decisions in many in which the Complainant has been a complainant.<\/li>\n
    14.  The current use of the disputed domain name, which allows access to the web sites of the Complainant’s competitors, also causes great damage to the Complainant, due to misleading its present clients and the loss of potential new customers. <\/li>\n
    15. The Respondent’s commercial gain in that regard is evident, since it is obvious that the Respondent’s sponsoring activity is being remunerated.<\/li>\n
    16. This practice of diversion is now very frequent due to the high number of online banking users and there is a public interest in stopping it by the order the Complainant now seeks, namely transfer of the domain name to the Complainant. <\/li>\n<\/ol>\n

      B. 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).<\/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": [ "Neil Brown" ], "date_of_panel_decision": "2023-06-26 00:00:00", "informal_english_translation": "

      The Complainant has established by evidence that the Panel accepts that it is the owner the following registered trademarks for INTESA SANPAOLO:<\/p>\n

        \n
      • International trademark registration n. 920896 for INTESA SANPAOLO, granted on March 7, 2007 and duly renewed, in connection with classes 9, 16, 35, 36, 38, 41 and 42;<\/li>\n
      • EU trademark registration n. 5301999 for INTESA SANPAOLO, filed on September 8, 2006, granted on June 18, 2007 and duly renewed, in connection with the classes 35, 36 and 38.<\/li>\n<\/ul>", "decision_domains": { "INTESASANPAOLOL.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }