{ "case_number": "CAC-UDRP-106010", "time_of_filling": "2023-11-27 07:41:34", "domain_names": [ "INTESAONLINE.SITE" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "Nikolay Nijin (Liberty-Invest)" ], "respondent_representative": null, "factual_background": "

The Complainant is an Italian banking group resulting from the merger of Banca Intesa and Sanpaolo IMI based in Torre Intesa Sanpaolo, Turin, Italy. It is the leading banking group in Italy and also one of the protagonists in the European financial arena.<\/span>

The Complainant provides information on its services online inter alia at <intesasanpaolo.com> and owns numerous domain names with its Trademark, such as <intesa.com> and <intesa.info>.<\/span><\/p>\n

<\/p>\n

The disputed domain name <intesaonline.site> was registered on May 17, 2023 and is currenlty used in connection with a placeholder website of the Registrar showing ppc links related to the business sector of the Complainant.<\/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:<\/p>\n

The Complainant contends that the disputed domain name is confusingly similar to the Trademark.<\/span>

Furthermore, the Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name. In this regard, the Complainant states that the Respondent is not commonly known by the disputed domain name, that it is not affiliated with nor authorized by the Complainant in any way, that the Complainant does not carry out any activity for, nor has any business with the Respondent, and that neither license nor authorization has been granted to the Respondent to make any use of the Trademark or apply for registration of the disputed domain name by the Complainant.<\/span>

Finally, the Complainant contends that the disputed domain name was registered and is being used in bad faith. It contends that the Respondent must have been aware of the Complainant and its well-known Trademark at the time of registration of the disputed domain name and that the use of the disputed domain name cannot be for any bone fide<\/em> offerings. More particularly, there are present 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 (par. 4(b)(iv) of the Policy).<\/span><\/p>\n

RESPONDENT:<\/p>\n

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No administratively compliant Response has been filed.<\/div>\n<\/div>\n<\/div>\n<\/div>", "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": [ "Stefanie Efstathiou LL.M. mult." ], "date_of_panel_decision": "2023-12-22 00:00:00", "informal_english_translation": "

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The Complainant owns several trademark registrations across various jurisdictions, inter alia:<\/em> \n
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  • international trademark No. 793367 “INTESA”, since September 4, 2002; and<\/li>\n
  • EU trademark No. 12247979 \"INTESA\", March 5, 2014 (hereinafter collectively referred to as the \"Trademark\").<\/li>\n<\/ul>\n<\/div>\n<\/div>\n<\/div>\n<\/div>", "decision_domains": { "INTESAONLINE.SITE": "TRANSFERRED" }, "panelist": null, "panellists_text": null }