INTESA.CA – TRANSFER GRANTED
The Complainant established its case and the Panel transferred the domain name to the Complainant.
The Complainant is Intesa Sanpaolo S.p.A. and is an Italian bank that ranks among the top banking groups in Europe. The Complainant has been the owner of the registered INTESA trade mark in Canada since 2005. The Registrant is Interex Corporate Registration Services Inc. who registered the disputed Domain Name in 2010 and Nameshield argues on its behalf that the proceeding ought to be stayed because the trade mark was dormant and not being used in Canada (and that there is a pending expungement proceeding). The Panel found that there is no legal proceeding commenced by the Registrant or Complainant to determine the owner of the Domain Name. The panel is not required to determine if a trade-mark is valid or invalid based on non-use and the Registrant put forth no evidence that it was using the trade-mark or is the rightful owner of the trade-mark in Canada. The Panel also found that the Domain Name was registered in bad faith because the Registrant was presumably collecting pay-per-click revenues from each click of the financial institutions listed on the web site.
You can read the decision here.