FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant is a leading Italian banking group in the European financial area, resulting from a merger (effective as of January 1, 2007) between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., formerly two Italian banking groups.<\/p>\n
The Complainant is among the top banking groups in the euro zone, with a market capitalisation exceeding EUR 68.8 billion, and is a leader in Italy in all business areas (retail, corporate and wealth management). The Complainant’s group offers its services to approximately 13.6 million customers by way of a network of approximately 3,300 branches, with market shares of more than 15% in most Italian regions. The Complainant has a strong presence in Central-Eastern Europe with a network of approximately 900 branches, and over 7.4 million customers. The Complainant also has an international network specialised in supporting corporate customers, which 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 of America, Russia, China, and India.<\/p>\n
The Complainant is the owner of registered trademarks for the word marks IN BIZ and INTESA SANPAOLO, namely those noted in the Identification of Rights section above. The Complainant is also the owner, among others, of various domain names bearing these signs, including, for example, <inbiz.app>, <inbizintesasanpaolo.com>, and <intesasanpaolo.com>.<\/p>\n
According to the corresponding WhoIs record, the disputed domain name was registered on April 29, 2024. The Complainant notes that when attempting to access the website associated with the disputed domain name, an error message is returned indicating that the page does not work.<\/p>\n
On June 3, 2024, the Complainant’s attorneys sent a cease and desist letter to the Respondent asking for the voluntary transfer of the disputed domain name. The Respondent did not reply to said letter.<\/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 Respondent registered a domain name that is identical or confusingly similar to the Complainant’s marks. It clearly consists of a misspelling, which is confusingly similar to the Complainant’s registered INBIZ and INTESASANPAOLO trademarks. The only difference between the disputed domain name and said marks is the omission of the letter “S” from the word “INTESA”. This is a clear example of typosquatting.<\/p>\n
The Respondent has no rights or legitimate interests in the disputed domain name. The Complainant has no relationship with the Respondent and has not licensed or otherwise authorized the Respondent to use the INBIZ and INTESASANPAOLO trademarks in the disputed domain name. In the absence of such license or authorization, no actual or contemplated bona fide or legitimate use of the disputed domain name can reasonably be claimed. No credible evidence has been produced by the Respondent or is otherwise available that the Respondent is commonly known by the disputed domain name. The Respondent is not making any fair or non-commercial use of the disputed domain name.<\/p>\n
The disputed domain name was registered and is being used in bad faith. The Complainant’s trademarks IN BIZ and INTESA SANPAOLO are distinctive and well-known all around the world. The fact that the Respondent has registered a domain name that is confusingly similar to them indicates that the Respondent had knowledge of the Complainant’s trademarks at the time of registration of the disputed domain name.<\/p>\n
In addition, if the Respondent had carried out even a basic Google search in respect of the wordings “IN BIZ”, “INTESA SANPAOLO” and “INBIZ INTEASANPAOLO”, the same would have yielded obvious references to the Complainant. This raises a clear inference of knowledge of the Complainant’s trademark on the part of the Respondent. Therefore, it is more than likely that the disputed domain name would not have been registered if it were not for the Complainant’s trademarks.<\/p>\n
The disputed domain name is not used for any bona fide <\/em>offering of goods or services. More particularly, there are circumstances indicating that the Respondent has registered or acquired the disputed domain name primarily 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 disputed domain name.<\/p>\n The disputed domain name is not connected to any web site and is being passively held. Countless UDRP decisions have confirmed that the passive holding of a domain name with knowledge that the domain name infringes another party’s trademark rights is evidence of bad faith registration and use. In particular, the consensus view of WIPO UDRP panellists is that passive holding of a disputed domain name may, in appropriate circumstances, be consistent with a finding of bad faith. Such circumstances include, for example, where a complainant’s mark is well-known, and there is no conceivable use that could be made of the domain name that would not amount to an infringement of the complainant’s trade mark rights.<\/p>\n As regards to the first aspect, the Complainant has already extensively proved the notoriety of its trademarks. With regard to the second circumstance, the Complainant notes that it is objectively not possible to understand what kind of use the Respondent could make of the disputed domain name, which almost exactly corresponds to the Complainant’s trademarks and to the Complainant’s domain names that are currently used to provide online banking services.<\/p>\n The risk of a wrongful use of the disputed domain name is even higher in the present case, since the Complainant has already been targeted by some cases of phishing in the past few years.<\/p>\n On June 3, 2024, the Complainant’s attorneys sent a cease and desist letter to the Respondent asking for the voluntary transfer of the disputed domain name. Despite such communication, the Respondent did not comply with the above request.<\/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": [
"Andrew Lothian"
],
"date_of_panel_decision": "2024-10-28 00:00:00",
"informal_english_translation": " The Complainant is the owner of the following registered trademarks:<\/p>\n International Registered Trademarks:<\/strong><\/p>\n International Registered Trademark Number 920896 for the word mark INTESA SANPAOLO, registered on March 7, 2007 in Classes 9, 16, 35, 36, 38, 41 and 42 and designated in respect of multiple territories, including the United States of America.<\/p>\n International Registered Trademark Number 1024681 for the word mark IN BIZ, registered on November 5, 2009 in Class 36 and designated in respect of multiple territories including the United States of America.<\/p>\n European Union Registered Trademarks:<\/strong><\/p>\n European Union Registered Trademark Number 5301999 for the word mark INTESA SANPAOLO, registered on June 18, 2007 in Classes 35, 36 and 38.<\/p>\n European Union Registered Trademark Number 8611287 for the word mark IN BIZ, registered on March 8, 2010 in Class 36.<\/p>",
"decision_domains": {
"INBIZ-INTEASANPAOLO.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}