The Complainant is the leading Italian banking group, established in 2007 through the merger of two leading banks 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 68,8 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Via a network of approximately 3,300 branches and with market share of more than 15% in most Italian regions, the Complainant offers its services to approximately 13,6 million customers.<\/p>\n
The Complainant is the owner of the international trademark INTESA SANPAOLO since 2007.<\/p>\n
The disputed domain name <INTESA-SANPAOLO-CLIENT.NET> was registered on June 17, 2024, by the Respondent David Vozilkin based in Switzerland and, according to evidence submitted with the Complaint, is blocked from resolving by threat detection software.<\/p>\n
According to the Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the disputed domain name, and he is not related in any way to the Complainant’s business.<\/p>\n
The Registrar of the disputed domain name confirmed that the Respondent is the current Registrant, and that English is the language of the registration agreement.<\/p>\n
The facts asserted by the Complaint 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": "
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.<\/p>\n
THE COMPLAINANT'S CONTENTIONS MAY BE SUMMARIZED AS FOLLOWS:<\/p>\n
First element: Confusingly similar to the protected mark <\/strong><\/p>\n The Complainant states that the disputed domain name <INTESA-SANPAOLO-CLIENT.NET> is identical or at least confusingly similar to its trademark INTESA SANPAOLO.<\/p>\n The Complainant asserts that the addition of the term “CLIENT” does not change the overall incorrect impression of being connected to the Complainant and it’s INTESA SANPAOLO trademarks. Further, the addition of this term does not prevent the likelihood of confusion between the disputed domain name and the Complainant and its trademarks but rather the use of the term “CLIENT” is an obvious reference to the Complainant’s customers.<\/p>\n Second element: Rights or legitimate interest<\/strong><\/p>\n The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name.<\/p>\n The Complainant asserts that the Respondent has not been authorized or licensed to use the Complainant’s trademark INTESA SANPAOLO in the disputed domain name.<\/p>\n The Complainant claims that the disputed domain name does not correspond to the Respondent’s name, nor is Respondent commonly known as the disputed domain name<\/p>\n The Complainant asserts that there is no fair or non-commercial use in connection with the disputed domain name.<\/p>\n Third element: The diisputed domain name has been registered and is being used in bad faith<\/strong><\/p>\n The Complainant states that the disputed domain name is confusingly similar to its distinctive trademark INTESA SANPAOLO which is well known all around the world.<\/p>\n According to the Complainant, a basic Google search of the term “INTESA SANPAOLO” yields obvious references to the Complainant which raises an inference of knowledge of the Complainant on the part of the Respondent. In light of the distinctiveness of the Complainant’s trademarks and reputation, the Complainant contends that it is reasonable to infer that the Respondent registered and used the disputed domain name with knowledge of the Complainant and its trademarks.<\/p>\n The Complainant asserts that there are circumstances indicating the Respondent registered the disputed domain name for the purpose of selling or otherwise transferring it to the Complainant or its competitor for valuable consideration in excess of out-of-pocket costs.<\/p>\n Further, the Complainant claims that the lack of active use of the disputed domain name is evidence of bad faith, because it is not possible to conceive of any plausible active purpose thereof that would not be infringing on the Complainant’s rights.<\/p>\n Finally, the Complainant notes that the Complainant has previously been targeted for phishing attacks. Complainant is concerned that the Respondent may have registered the disputed domain name for a bad faith phishing purpose.<\/p>\n For these reasons, the Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>\n RESPONDENT<\/p>\n The Respondent did not reply to the Complaint.<\/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": [
"Claire Kowarsky"
],
"date_of_panel_decision": "2024-10-25 00:00:00",
"informal_english_translation": " The Complainant is the owner of – among others - the international registration trademark INTESA SANPAOLO, no. 920896 registered since March 7, 2007, in classes 9, 16, 35, 36, 38, 41 & 42.<\/p>\n In addition, the Complainant owns numerous domain names comprising of or including the term INTESA SANPAOLO such as its official website <INTESASANPAOLO.COM>.<\/p>",
"decision_domains": {
"INTESA-SANPAOLO-CLIENT.NET": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}