{ "case_number": "CAC-UDRP-107315", "time_of_filling": "2025-02-20 10:09:13", "domain_names": [ "BANCAINTESA.ONLINE" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Intesa Sanpaolo S.p.A." ], "complainant_representative": "Intesa Sanpaolo S.p.A.", "respondent": [ "Domain Privacy (Domain Name Privacy Inc.)" ], "respondent_representative": null, "factual_background": "\n\n\n
\n

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n

The Complainant alleges it is the leading Italian banking group and also one of the protagonists in the European financial area. Intesa Sanpaolo is the company resulting from the merger (effective as of January 1, 2007) between Banca Intesa S.p.A. and Sanpaolo IMI S.p.A., two of the top Italian banking groups.

Further, Banca Intesa is among the top banking groups in the euro zone, with a market capitalisation exceeding 74,7 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 3,000 branches capillary and well distributed throughout the Country, with market shares of more than 15% in most Italian regions, the Group offers its services to approximately 13,9 million customers. Intesa Sanpaolo has a strong presence in Central-Eastern Europe with a network of approximately 900 branches and over 7,5 million customers. Moreover, the 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

On December 5, 2024, the Respondent registered the domain name BANCAINTESA.ONLINE. Complainant notes that on June 19, 2020 its attorneys sent to the Respondent a cease-and-desist letter asking for the voluntary transfer of the domain names at issue. Despite such communication, the Respondent did not comply with the above request.<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>", "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": "

<\/p>\n\n\n\n
\n

COMPLAINANT:

The Complainant submits that <bancaintesa.online> is identical to its INTESA and BANCA INTESA trademarks in that it contains in whole the word “Banca Intesa.” According to the Complainant, the Respondent has no rights or legitimate interests in respect of the disputed domain names, because it has not been authorized by the Complainant to use the BANCA INTESA trademark, and the disputed domain name does not correspond to the name of the Respondent. The Complainant adds that the Respondent does not carry out a fair or non-commercial use of the disputed domain name as it currently does not resolve to an active website.<\/p>\n

The Complainant contends further that the disputed domain name was registered and is being used in bad faith. According to the Complainant, the BANCO INTESA trademark is distinctive and well-known around the world, and that it is evident that the Respondent registered the disputed domain name with knowledge of Complainant’s trademark. The disputed domain name is not used for any bona fide purpose as it resolves to a website containing pay-per-click links to banking services.<\/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

RESPONDENT:

The Respondent did not reply to the Complainant's contentions and did not submit any arguments or evidence in its defence. In such event, UDRP Rule 14 provides (a) that the “Panel shall proceed to a decision on the complaint” and (b) that “the Panel shall draw such inferences therefrom as it considers appropriate.”<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>", "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": [ "Gerald Levine Ph.D, Esq." ], "date_of_panel_decision": "2025-04-22 00:00:00", "informal_english_translation": "

The Complainant is the owner of the following registrations for the trademarks “INTESA” and “BANCA INTESA”:<\/p>\n

<\/p>\n

- International trademark registration n. 793367 “INTESA”, granted on September 4, 2002 and duly renewed, in class 36;<\/p>\n

- International trademark registration n. 1032908 “BANCA INTESA”, applied on December 18, 2009 and duly renewed, in classes 9, 16, 35, 36, 41, 42 and 45;<\/p>\n

- EU trademark registration n. 12247979 “INTESA”, applied on October 23, 2013 and granted on March 5, 2014, in classes 9, 16, 35, 36, 38, 41 and 42;<\/p>\n

- EU trademark registration n. 779793 “BANCA INTESA”, applied on March 24, 2006, granted on November 15, 1999 and duly renewed, in classes 9, 16, 36, 41 and 42.<\/p>", "decision_domains": { "BANCAINTESA.ONLINE": "TRANSFERRED" }, "panelist": null, "panellists_text": null }