WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION Caja de Ahorros Y Monte de Piedad de Las Baleares v. Sa Nostra QC Case No. D2010-0062 1. The Parties

The Complainant is Caja de Ahorros Y Monte de Piedad de Las Baleares of Palma de Mallorca, Spain, represented by INTERDOMAIN, S.A., Spain.

The Respondent is Sa Nostra QC of Quebec, Canada. 2. The Domain Name and Registrar

The disputed domain name is registered with R Corp. 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 13, 2010. On January 14, 2010, the Center transmitted by email to R Corp. a request for registrar verification in connection with the disputed domain name. On January 19, 2010, R Corp. transmitted by email to the Center its verification response, confirming that the Respondent is listed as the registrant and providing the contact details. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 20, 2010. In accordance with the Rules, paragraph 5(a), the due date for Response was February 9, 2010. The Respondent did not submit any response. Accordingly, the Center notified the Respondent's default on February 10, 2010.

The Center appointed John Swinson as the sole panelist in this matter on February 18, 2010. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. 4. Factual Background

The Complainant operates a banking and financial services business known as “Sa Nostra” or “Sa Nostra Caixa de Balears”, which is based in the Balearic Islands in the Mediterranean sea.

The Complainant owns a number of Spanish trade mark registrations which contain or consist of the term “Sa Nostra”, and many of these trade mark registrations have been in existence for more than a decade. The Complainant also owns a Community Trade Mark (Registration No. 000274647) for a graphic representation of “SA NOSTRA” CAIXA DE BALEARS which was filed on July 16, 1996.

The disputed domain name was first created on May 26, 2004.

The website operating from the disputed domain name provides a search mechanism, but also contains a list of links relating to subjects such as “banking”, “online banking”, “credit cards”, “mortgages” and “business credit”. Clicking on these links takes a user to sponsored listings, the majority of which are related to the financial services industry.

The Respondent appears to reside in Canada. 5. Parties' Contentions A. Complainant

The Complainant makes the following contentions:

The Complainant (also known as Sa Nostra) is one of the oldest banks in Spain. It was founded in 1822 and currently provides banking services to more than 650,000 clients.

The Complainant owns a number of Spanish trade marks, including Trade Mark numbers 2101127, 2101128, 2101129 and 2101130 (in force from June 26, 1997) for “SA NOSTRA”, and Community Trade Mark number 000274647 (in force from July 16, 1996) for “SA NOSTRA” CAIXA DE BALEARS. The Complainant owns a number of other Spanish trade mark registrations which include the term “Sa Nostra” as well as other terms such as “Caja De Baleares” or “D'or”.

The Complainant owns exclusive rights over the mark “SA NOSTRA” due to its trade mark registrations. The Complainant also owns a large number of domain names containing the term “Sa Nostra”. For example, the Complainant is the registrant for the domain name (and has been since January 12, 1997), and the and domain names (since February 17, 2000).

The disputed domain name contains the Complainant's “SA NOSTRA” trade mark in its entirety.

The trade mark “SA NOSTRA” has been associated with the Complainant's business for more than a century. When conducting an Internet search for “Sa Nostra”, the first one hundred results received relate to or are connected with the Complainant.

The Respondent has no rights or legitimate interests in the disputed domain name because:

- The term “Sa Nostra” is written in Balearic, which is a kind of dialect derived from the Catalonian language, meaning “The ours (bank)” in English and “La nuestra” in Spanish. Use of this dialect is strictly limited to Balearic Islands and the term does not have a meaning in any other language.

- The Respondent seems to have created the name “Sa Nostra QC” to avoid any complaint from the original owner of the mark “SA NOSTRA”, creating the false impression that it is legitimated to hold the disputed domain name. The use of “QC” with the Complainant's trade mark may be understood as meaning a Canadian branch (QC standing for Quebec) of the Complainant, even though the Complainant has no presence in Canada.

- The Respondent is acting as a professional cybersquatter. The Respondent has followed a pattern of registering domain names by declaring itself as an entity holding the same name as the domain name applied for.

- The Complainant is the sole owner of the “SA NOSTRA” trade mark.

There is a high probability that the Respondent knows of the Complainant and its activities, and the registration of the disputed domain name is a clear act of cyber occupation. The term “Sa Nostra” is written in a specific dialect used within a very narrow territory. The Respondent seems to be located in Canada and therefore is unlikely to have access to this language.

The disputed domain name is clearly registered to be monetized and auctioned. The disputed domain name is currently for sale for USD 999.

The Respondent is a “professional domainer”, and owns a large portfolio of domain names. The links displayed on the website at the disputed domain name are not included by chance, and certain links relate to financial banking services, or links to “CA NOSTRA”. If the Respondent is responsible for choosing these links, it is clear evidence of bad faith as monetization is being made trading off the Complainant's rights.

The disputed domain name is being retained with no use, and for the only purpose of a further resale to the Complainant.

The Respondent has used the file ROBOTS.TXT in relation to the disputed domain name, to block any crawling of the