{
    "case_number": "CAC-UDRP-106472",
    "time_of_filling": "2024-04-23 09:18:38",
    "domain_names": [
        "AREACLIENTEINTESA.COM"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Intesa Sanpaolo S.p.A."
    ],
    "complainant_representative": "Intesa Sanpaolo S.p.A.",
    "respondent": [
        "Giuseppe Fiengo"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant (Intesa Sanpaolo S.p.A.) is a leading Italian banking group and also one of the protagonists in the European financial arena. The Complainant is the company resulting from the merger (effective 1 January 2007) between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., two of the top Italian banking groups.<\/p>\n<p>The disputed domain name was registered on 27 January 2024 and is held by the Respondent.<\/p>\n<p>The disputed domain name website (i.e. website available under the internet address containing the disputed domain name) is inactive and merely reads &ldquo;that domain has been suspended&rdquo;.<\/p>\n<p>The Complainant seeks transfer of the disputed domain name to the Complainant.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>COMPLAINANT:<\/p>\n<p>CONFUSING SIMILARITY<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>The disputed domain name contains the \"SAN PAOLO\" word elements of the Complainant's trademarks in its entirety.<\/li>\n<li>In addition, the disputed domain name contains the well-known trademark &ldquo;INTESA&rdquo; and a descriptive Italian expression &ldquo;AREA CLIENTE&rdquo; (meaning &ldquo;customer area&rdquo;), which refers to a service offered, among others, by the Complainant to its customers.<\/li>\n<li>Thus, according to the Complainant, the confusing similarity between the Complainant&rsquo;s trademarks and the disputed domain name is clearly established.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>NO RIGHTS OR LEGITIMATE INTERESTS<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>The Respondent has not been commonly known by the disputed domain name.<\/li>\n<li>The Complainant has not authorized, permitted or licensed the Respondent to use the Complainant&rsquo;s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, Respondent has not been commonly known by the disputed domain name.<\/li>\n<li>Furthermore, the domain name website has not been used for any legitimate or fair purposes.<\/li>\n<\/ul>\n<p>BAD FAITH REGISTRATION AND USE<\/p>\n<p>The Complainant states that:<\/p>\n<ul>\n<li>Seniority of the Complainant's trademarks predates the disputed domain name's registration and such trademarks are well known in relevant business circles. The Respondent can be considered aware of the Complainant's trademarks when registering the disputed domain name due to the well-known character thereof, which should have been checked by the Respondent by performing a simple internet search.<\/li>\n<li>The disputed domain name (at the time of filing of the complaint) is not used for any bona fide offerings. More particularly, there are present circumstances indicating that, by using the domain name, the Respondent has registered the disputed domain name primarily for creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of his web site.<\/li>\n<li>The disputed domain name represents a clear case of so-called &ldquo;phishing&rdquo; which means that the disputed domain name is intended to defraud the Complainant&rsquo;s customers.<\/li>\n<li>Google promptly stopped the illicit activity carried out by the Respondent by blocking access to the disputed domain name website.<\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p>RESPONDENT:<\/p>\n<p>The Respondent has not provided any response to the complaint.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Jiří Čermák"
    ],
    "date_of_panel_decision": "2024-05-29 00:00:00",
    "informal_english_translation": "<p>The Complainant is, inter alia, a registered owner of the following trademarks containing word elements \"INTESA\":<\/p>\n<p>(i) INTESA (word), International Trademark, filing (priority) date 4 September 2002, registration no. 793367, registered for services in class 36;<\/p>\n<p>(ii) INTESA (word), EU Trademark, filing (priority) date 23 October 2013, registration no. 12247979, registered for goods and services in classes 9, 16, 35, 36, 38, 41 and 42;<\/p>\n<p>(iii) INTESA SANPAOLO, International Trademark, filing (priority) date 7 March 2007, registration no. 920896, registered for goods and services in classes 36;<\/p>\n<p>(iv) INTESA SANPAOLO, EU trademark, filing (priority) date 8 September 2006, registration no. 5301999, registered for goods and services in classes 35, 36, 38,<\/p>\n<p>besides other national and international trademarks consisting of or containing the \"INTESA\" wording.<\/p>\n<p>(Collectively referred to as \"Complainant's trademarks\").<\/p>\n<p>&nbsp;<\/p>\n<p>The Complainant has also registered several domain names under generic Top-Level Domains (\"gTLD\") and country-code Top-Level Domains (\"ccTLD\") containing the term &bdquo;INTESA\" such as &lt;INTESASANPAOLO.COM&gt; (official website), &lt;INTESA.COM&gt;, &lt;INTESA.EU&gt;, &lt;INTESA.ORG&gt; and others.<\/p>",
    "decision_domains": {
        "AREACLIENTEINTESA.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}