Westmore · UDRP decision
CAC · Case No. CAC-UDRP-102454

Intesasanpololo.live

TransferCAC-indexed · informational, not legal advice

The Panel ordered transfer of the disputed domain after finding it confusingly similar to the Complainant’s INTESA SANPAOLO marks, that the Respondent lacked rights or legitimate interests, and that the typosquatting domain was registered and used in bad faith.

Outcome
Transfer
At a glance
Provider
CAC
Outcome
Transfer
Decision date
2019-06-20
Panelist(s)
Roberto Manno
Complainant
Intesa Sanpaolo S.p.A.
Respondent
Andreew Loski
Law firm
Perani Pozzi Associati
Disputed domain(s)
intesasanpololo.live
Domain history UDRP Intelligence

The timeline behind intesasanpololo.live

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Westmore reconstructs the full history behind intesasanpololo.live — from public RDAP and the Internet Archive — as part of UDRP Intelligence:

Registration → decision → today timeline
Archived Wayback evidence of what the site showed
Registry bad-faith signals
The live current registrant
Available in UDRP Intelligence
Verified public record
Outcome & remedy
Complaint granted. Panel ordered transfer of intesasanpololo.live.
Reverse Domain Name Hijacking
No RDNH raised.
Westmore Insight

The Panel found bad-faith registration and use because the domain was a typosquatting variation of the Complainant’s well-known marks and likely would not have been registered but for those marks.

The three-part test
Identical or confusingly similarMet
Rights or legitimate interestsMet
Registered and used in bad faithMet

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

Case details
Provider
CAC
Outcome
Transfer
Decision date
2019-06-20
Panel
Roberto Manno
Full decision
6 min read · hosted by Westmore

Case number CAC-UDRP-102454 Time of filing 2019-04-25 09:55:53 Domain names INTESASANPOLOLO.LIVE Case administrator Organization Iveta Špiclová (Czech Arbitration Court) (Case admin) Complainant Organization Intesa Sanpaolo S.p.A. Complainant representative Organization Perani Pozzi Associati Respondent Name Andreew Loski Other Legal Proceedings There are no other legal proceedings related to the disputed domain name. Identification Of Rights The Complainant is the leading Italian banking group, owner of several national, community and international trademark registrations and related generic and country-specific domain names, including the <intesasanpaolo.com> hosting its official company website. The Intesa-SanPaolo brand is well-known, and this has been affirmed in a number of UDRP proceedings. The Complainant is the owner, among others, of the following registrations for the trademarks “INTESA SANPAOLO” and “INTESA”: - International trademark registration n. 920896 “INTESA SANPAOLO”, granted on March 7, 2007 and duly renewed, in classes 9, 16, 35, 36, 38, 41 and 42; - EU trademark registration n. 5301999 “INTESA SANPAOLO”, applied on September 8, 2006, granted on June 18, 2007 and duly renewed, in classes 35, 36 and 38; - EU trademark registration n. 5421177 “INTESA SANPAOLO & device”, applied on October 27, 2006, granted on November 5, 2007 and duly renewed, in classes 9, 16, 35, 36, 38, 41 and 42; - International trademark registration n. 793367 “INTESA”, granted on September 4, 2002 and duly renewed, in connection with class 36; - U.S. trademark registration n. 4196961 “INTESA”, filed on June 30, 2011 and granted on August 28, 2012, in connection with class 36; - EU trademark registration n. 12247979 “INTESA”, filed on October 23, 2013 and granted on March 5, 2014, in connection with classes 9, 16, 35, 36 38, 41 and 42. Moreover, the Complainant is also the owner, among the others, of the following domain names bearing the signs “INTESA SANPAOLO” and “INTESA”: INTESASANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ, INTESA-SANPAOLO.COM, .ORG, .EU, .INFO, .NET, .BIZ and INTESA.COM, INTESA.INFO, INTESA.BIZ, INTESA.ORG, INTESA.US, INTESA.EU, INTESA.CN, INTESA.IN, INTESA.CO.UK, INTESA.TEL, INTESA.NAME, INTESA.XXX, INTESA.ME. All of them are now connected to the official website <www.intesasanpaolo.com>. Factual Background FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT: THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS The Complainant is the leading Italian banking group and also one of the protagonists in the European financial arena. 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. Intesa Sanpaolo is among the top banking groups in the euro zone, with a market capitalisation exceeding 38,0 billion euro, and the undisputed leader in Italy, in all business areas (retail, corporate and wealth management). Thanks to a network of approximately 4,200 branches capillary and well distributed throughout the Country, with market shares of more than 16 % in most Italian regions, the Group offers its services to approximately 11,9 million customers. Intesa Sanpaolo has a strong presence in Central-Eastern Europe with a network of approximately 1.100 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. On October 17, 2018, the Respondent registered the domain name <INTESASANPOLOLO.LIVE>. The disputed domain name is confusingly similar to the Complainant's trademarks as it exactly reproduces the well-known trademark “INTESA SANPAOLO”, with the mere exclusion of the letter “A” and the addition of the letters ”LO” in the verbal portion “SANPAOLO”. Therefore, it is undeniable the disputed domain name is a clear example of typosquatting. The Respondent has no rights to the disputed domain name, and any use of the trademarks “INTESA SANPAOLO” and “INTESA” has to be authorized by the Complainant. Nobody has been authorized or licensed by the above-mentioned banking group to use the domain name at issue. The domain name <INTESASANPOLOLO.LIVE> is currently passively held. However, it was registered and is used in bad faith. Besides, it shall be underlined that the webpage connected to the disputed domain is currently blocked by Google Safe Browsing because of a suspected phishing activity. The Complainant’s trademarks “INTESA SANPAOLO” and “INTESA” 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 trademark at the time of registration of the disputed domain name. In addition, if the Respondent had carried even a basic Google search in respect of the wordings “INTESA SANPAOLO” and “INTESA”, the same would have yielded obvious references to the Complainant. In addition, the disputed domain name is not used for any bone fide offerings. More particularly, there are present 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 Complainant, for valuable consideration in excess of the Respondent’s documented out-of-pocket costs directly related to the domain name (par. 4(b)(i) of the Policy). Parties Contentions NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. 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). 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). 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). 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. Principal Reasons for the Decision The Panel is persuaded the disputed domain name is a typical case of typosquatting, and that Respondent has registered a domain name that is confusingly similar to Complainant's well-known trademarks. It is more than likely that the disputed domain name at issue would not have been registered if it were not for Complainant’s trademark. This is a clear evidence of registration of a domain name in bad faith. For all the reasons stated above, the Complaint is Accepted and the disputed domain name(s) is (are) to be INTESASANPOLOLO.LIVE: Transferred PANELLISTS Name Roberto Manno Date of Panel Decision 2019-06-20 Publish the Decision

Source of record: CAC . Reproduced for research; CAC is the authoritative source.

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