{ "case_number": "CAC-UDRP-107008", "time_of_filling": "2024-10-30 09:43:44", "domain_names": [ "INTESANSA-SANPAOLO.COM" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "Karl Grarar" ], "respondent_representative": null, "factual_background": "

THE COMPLAINANT<\/strong><\/p>\n

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 AND THE RESPONDENT<\/strong><\/p>\n

The disputed domain name was registered on 30 December 2023, well after the registration of the Complainant's trademarks. Further to CAC's request for registrar verification, the Registrar identified the underlying registrant (the Respondent) as Grarar Karl, an individual residing in Switzerland.<\/p>\n

The disputed domain name resolves to Cloudflare's error page.<\/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:<\/strong><\/p>\n

The Complainant contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/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 well-known trademark “INTESA SANPAOLO” with the mere addition of letters “NSA” between the mark’s verbal components “INTESA” and “SANPAOLO”, representing a clear example of typosquatting.<\/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. Lastly, 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 the disputed domain name having in mind the Complainant and its trademarks. According to the Complainant, the Respondent has registered the disputed domain name primarily for the purpose of selling it to the Complainant or 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. The Complainant contends that the passive holding of the disputed domain name also shows the Respondent’s bad faith, since there is no possible legitimate use of the disputed domain name.<\/p>\n

RESPONDENT:<\/strong><\/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": "2024-12-03 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