FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n
The Complainant is the leading Italian banking group.<\/p>\n
The Complainant is the company resulting from the merger between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., two of the top Italian banking groups.<\/p>\n
The Complainant is among the top banking groups in the euro zone, with a market capitalisation exceeding 70,2 billion euro.<\/p>\n
The Complainant has a network of approximately 3.300 branches throughout Italy and has approximately 13,6 million customers.<\/p>\n
The Complainant has a strong presence in Central-Eastern Europe with a network of approximately 900 branches and over 7,4 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 the United States, Russia, China and India.<\/p>\n
The Complainant is the owner of several registrations for the trademarks “INTESA SANPAOLO\" and \"IN BIZ\".<\/p>\n
Moreover, the Complainant is also the owner, among others, of the following domain names bearing the signs “INTESA SANPAOLO” and “IN BIZ”: <INBIZ.APP>, <INBIZ-INTESA.COM>, <INBIZINTESASANPAOLO.COM>, <INBIZSANPAOLO.COM>, <INTESASANPAOLO.COM>.<\/p>\n
On April 29, 2024, the Respondent registered the disputed domain name.<\/p>\n
The Complainant considers that the disputed domain name is identical, or – at least – confusingly similar, to the Complainant’s trademarks “INTESA SANPAOLO” and “IN BIZ”, because the disputed domain name exactly reproduces the well-known trademarks \"IN BIZ\" and “INTESA SANPAOLO”, with the mere substitution of the letter “S” with a “C” in the mark’s verbal portion “INTESA”. Consequently, the Complainant submits that the disputed domain name represents a clear example of typosquatting.<\/p>\n
The Complainant argues that the Respondent has no rights on the disputed domain name, and any use of the trademarks “INTESA SANPAOLO” and “IN BIZ” has to be authorized by the Complainant. The Complainant states that nobody has been authorized or licensed by the Complainant to use the disputed domain name.<\/p>\n
The disputed domain name does not correspond to the name of the Respondent and, to the best of the Complainant's knowledge, the Respondent is not commonly known as “INBIZ-INTECASANPAOLO”.<\/p>\n
The Complainant adds that it does not find any fair or non-commercial use of the disputed domain name.<\/p>\n
The Complainant considers that its trademarks “INTESA SANPAOLO” and “IN BIZ” are distinctive and well known all around the world. The Complainant observes that 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 trademark at the time of registration of the disputed domain name. In addition, the Complainant notes that if the Respondent had carried even a basic Google search in respect of the wordings “IN BIZ” and “INTESA SANPAOLO”, the same would have yielded obvious references to the Complainant. The Complainant contends that this raises a clear inference of knowledge of the Complainant’s trademark on the part of the Respondent. The Complainant points out that it is more than likely that the disputed domain name would not have been registered if it were not for the Complainant’s trademarks. The Complainant considers this as clear evidence of registration of the disputed domain name in bad faith.<\/p>\n
In addition, the Complainant points out that the disputed domain name is not used for any bona fide offerings. <\/p>\n
The Complainant underlines that it is objectively not possible to understand what kind of use the Respondent could make with a domain name which correspond to the Complainant’s trademarks and that results so similar to the Complainant’s domain names currently used by the latter to provide online banking services for enterprises.<\/p>\n
The Complainant points out that it has been targeted by some cases of phishing in the past few years and the risk that the disputed domain name is used for similar purposes is high.<\/p>\n<\/div>", "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": "
The Complainant, relying on the arguments summarised above, contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/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": [ "Michele Antonini" ], "date_of_panel_decision": "2024-11-24 00:00:00", "informal_english_translation": "
The Complainant is the registrant, among others, of the following trademarks:<\/p>\n
- International trademark registration No. 1024681 “IN BIZ”, registered on November 5, 2009, for goods and services in class 36;<\/span><\/p>\n - International trademark registration No. 920896 “INTESA SANPAOLO”, registered on March 7, 2007, for goods and services in classes 9, 16, 35, 36, 38, 41 and 42;
- EU trademark registration No. 8611287 “IN BIZ”, registered on March 8, 2010, for goods and services in class 36;<\/span>
- EU trademark registration No. 5301999 “INTESA SANPAOLO”, registered on June 18, 2007, for goods and services in classes 35, 36 and 38.<\/span>
The disputed domain name was registered by the Respondent on April 29, 2024. <\/span>
<\/span><\/p>\n<\/div>",
"decision_domains": {
"INBIZ-INTECASANPAOLO.COM": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}