{ "case_number": "CAC-UDRP-106302", "time_of_filling": "2024-02-29 09:10:41", "domain_names": [ "ACCESSOWEBINTESA.COM" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "Ciro Lota" ], "respondent_representative": null, "factual_background": "

The Complainant is a leading Italian banking group, born from the merger of Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., effective as of 1 January 2007.<\/p>\n

The Complainant is among the largest financial institutions in the Euro zone, with a market capitalisation exceeding 52,3 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 3,300 branches capillary and well distributed throughout Italy, with market shares of more than 15% in most Italian regions, the Complainant offers its services to approximately 13,6 million customers.<\/p>\n

The Complainant has a strong presence in Central-Eastern Europe as well, with a network of approximately 900 branches and over 7,2 million customers.<\/p>\n

Moreover, the Complainant's 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 in the United States, Russia, China and India.<\/p>\n

The Complainant owns several trademarks and domain names, all of them characterised by the presence of the distinctive terms \"INTESA\" and \"INTESA SANPAOLO\".<\/p>\n

The disputed domain name was registered on 16 June 2023, well after the registration of the Complainant's trademarks.<\/p>\n

Further to CAC's request  for registrar verification, the Registrar identified the underlying registrant as Ciro Lota, an individual residing in Italy.<\/p>\n

Currently, the disputed domain name does not resolve to any active website, because it has been blocked by Google Safe Browsing as a \"dangerous site\". When Internet users attempt to navigate it, a warning is shown to them that it is unsafe and might be involved in illegal activities, like phishing or malware.<\/p>\n

The facts asserted by the Complainant are not contested by the Respondent.<\/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 identical or at least confusingly similar to the Complainant’s trademarks, because it reproduces the term “INTESA” with the mere addition of the terms \"ACCESSO\" and \"WEB\" (meaning web access in Italian). According to the Complainant, considered the banking and financial context in which the Complainant operates, it is undeniable that the disputed domain name will result even more confusingly similar to the business carried out by the Complainant under its trademarks.<\/p>\n

The Complainant contends that the Respondent has nothing to do with the Complainant, nor has been authorised or licensed to use the Complainant's trademarks or to register or use the disputed domain name. The disputed domain name does not correspond to the Respondent's name, nor is this latter commonly known by the disputed domain name. Since the disputed domain name is inactive, being the access to the related website blocked by Google Safe Browsing as unsafe, there is no good faith, or legitimate noncommercial or fair use of the disputed domain name.<\/p>\n

Finally, the Complainant contends that, given the distinctiveness and reputation of its trademarks, it is unlikely that the Respondent had no knowledge of the Complainant's trademarks when he had registered the disputed domain name. The Complainant has submitted the results of a Google search and alleges that had the Respondent performed a basic search on Google, he should have yielded obvious references to the Complainant. Hence, it is most likely that the Respondent registered and has used the disputed domain name having in mind the Complainant and its trademarks and with the clear intention to take advantage of the reputation of the same by creating a likelihood of confusion between such marks and the disputed domain name. Moreover, according to the Complainant, the fact that Google Safe Browsing considered the website associated to the disputed domain name dangerous and being potentially involved in phishing is a clear indicia of bad faith use of the disputed domain name by the Respondent.<\/p>\n

The Complainant, therefore, requests the transfer of the disputed domain name.<\/p>\n

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": [ "Ivett Paulovics" ], "date_of_panel_decision": "2024-04-04 00:00:00", "informal_english_translation": "

The Complainant, conducting business under the company name INTESA SANPAOLO, is owner of the following registered trademarks:<\/p>\n