FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant is the leading Italian banking group which 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.<\/p>\n
The Complainant is among the top banking groups in the euro zone, with a market capitalisation exceeding 42,62 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 4,300 branches capillary and well distributed throughout the Country, with market shares of more than 15% in most Italian regions, the Group offers its services to approximately 13,6 million customers. Intesa Sanpaolo has a strong presence in Central-Eastern Europe with a network of approximately 950 branches and over 7,2 million customers. Moreover, the 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.<\/p>\n
The Complainant is the owner of different trademarks registrations for the terms “INTESA SANPAOLO”, “INTESA” and “GRUPPO INTESA SANPAOLO”.<\/p>\n
On June 3, 2023, the Respondent registered the disputed domain name <INTESA-DOC-ISP.COM> (hereinafter, the “Disputed Domain Name”).<\/p>\n
According to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the Disputed Domain Name and Complainant has not granted any authorization or license to use the trademarks “INTESA SANPAOLO”, “INTESA” and “GRUPPO INTESA SANPAOLO” within the Disputed Domain Name.<\/p>\n
For the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the Disputed Domain Name and that the language of the registration agreement is English.
The facts asserted by the Complainant are not contested by the Respondent<\/p>\n
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/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": "
COMPLAINANT:
First element: Similarity
The Complainant states that the Disputed Domain Name is identical or at least, confusingly similar to its trademarks “INTESA SANPAOLO”, “INTESA” and “ISP”.<\/p>\n
The Complainant asserts that the trademark “INTESA SANPAOLO”® is included in its entirety within the Disputed Domain Name with the mere addition of the term “DOC”.<\/p>\n
Second element: Rights or legitimate interest The Complainant also confirms that nobody has been authorized or licensed by Complainant to use the Disputed Domain Name at issue. The Complainant indicates that its trademarks “INTESA SANPAOLO” and “INTESA” are distinctive and well known around the world. The Complainant indicated that the fact that Respondent has registered a Disputed Domain Name that is confusingly similar to the Complainant indicates that the Respondent had knowledge of the Complainant’s trademark at the time of registration of the Disputed Domain Name.<\/p>\n The Complainant contends that the Disputed Domain Name is not used for any bone fide offerings and therefore, there are circumstances indicating that the Respondent has registered or acquired the Disputed Domain Name, primarly for the purpose of selling, renting or otherwise transferring the domain name registration to the Complainant who is the owner of the trademark or service mark or to a competitor of the Complainant, for valuable consideration in excess of the Respondent’s documented out-of-pocket costs directly related to the domain name (par. 4(b)(i) of the Policy). 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": [
"Victor Garcia Padilla"
],
"date_of_panel_decision": "2023-12-01 00:00:00",
"informal_english_translation": " The Complainant is the owner of several trademarks consisting of the term “INTESA SANPAOLO®”, such as:<\/p>\n Different copies of the trademark certificates were included within the Complaint.<\/p>\n In addition, the Complainant claims to own domain names with the term ““INTESA SANPAOLO” and “INTESA” such as: INTESASANPAOLO.COM, INTESA-SANPAOLO.COM, INTESA.COM, among many others. All of them are now connected to the official website http:\/\/www.intesasanpaolo.com.<\/p>\n Even though the Complainant did not include copies of the registration of the domains, the Panel was able to conduct a search and confirmed the validity of the registration of the domains <INTESASANPAOLO.COM>, <INTESA-SANPAOLO.COM> & <INTESA.COM>.<\/p>",
"decision_domains": {
"INTESA-DOC-ISP.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
The Complainant contends that the Respondent <\/span>has no rights or legitimate interests in respect of the Disputed Domain Name and any use of the trademarks “<\/span>INTESA SANPAOLO”, “INTESA” and “ISP” has to be authorized by the Complainant.<\/p>\n
The Complainant also claims that they did not find any fair or non-commercial use of the Disputed Domain Name.
Third element: Bad faith
The Complainant states that the Disputed Domain Names are confusingly similar to its trademarks “INTESA SANPAOLO”, “INTESA” and “ISP”.<\/p>\n
The Complainant indicates that the Disputed Domain Name is not used for any bone fide offerings. In fact, the Complainant provided with evidence showing that the Disputed Domain Name redirects to a pornographic website which is a clear indication that the Disputed Domain Name has been registered and used in bad faith.<\/p>\n
RESPONDENT
Respondent did not reply to the Complaint.<\/p>",
"rights": "\n