{ "case_number": "CAC-UDRP-103425", "time_of_filling": "2020-11-25 09:41:53", "domain_names": [ "deka-eu.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "DekaBank Deutsche Girozentrale" ], "complainant_representative": "Grünecker Rechts- und Patentanwälte PartmbB", "respondent": [ "JACOB TAIWO AWOLUSI" ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a German credit institution and has been providing financial services since 1918 to investors. The Complainant has been providing access to a wide range of investment products and services using the company name Deka since 1956. The Complainant is globally active in the banking sector and operates branch offices or representative offices in Luxemburg, France, United Kingdom and the United States among other countries.\r\n\r\nThe Complainant is the proprietor of the trademarks European Union Trademark Registration No. 001555705 DEKA with an application date of March 14, 2000 and European Union Trademark Registration No. 016449332 DEKA (figurative) with an application date of March 19, 2017 and German Trademark Registration No. 399704566 DEKA Investmentfonds (figurative) with an application date of November 10, 1999. The trademarks are all registered for \"Financial affairs, monetary affairs\" in class 36. The trademarks are used by the Complainant for services in the banking sector. \r\n\r\nThe Complainant is active under the company name DEKA and has registered the domain names , among others all in the field of banking and financial services.\r\n\r\nThe disputed domain name was registered on September 23, 2020 and hosted a website active in the banking sector and financial affair. The term \"deka\" in a red square was used as URL icon (favicon) in an identical design as the Complainants EUTM 016449332 DEKA (figurative). The website reachable under the domain name was designed very similar to the website of the Complainant and has even shown a picture of one of the Complainants employees. This picture was allegedly taken from the Complainants own website under https:\/\/www.deka.de\/. \r\n\r\nThe Respondent is unknown. Under November 5, 2020 a cease and desist letter was sent to the Respondents e-mail address under ak9oiwr700opgks8rpl0@h.o-w-o.info. No response was received. At the same date, a request to receive details of the Registrant of the domain was send to the Registrar on November 2, 2020 and November 5, 2020. No response was received.\r\n\r\nThe disputed domain name is confusingly similar to the earlier trademark rights of the Complainant DEKA, DEKA Investment (figurative) and DEKA (figurative). The term DEKA is identically used in the domain name. The additional use of the terms \"-\" and \"eu\" to the elements \"deka\" does not exclude the finding of confusing similarity. The term \"eu\" will be perceived as a reference to the territory of the European Union, in which the Complainant is originally located. The additional term is therefore descriptive.\r\n\r\nThe Respondent has no rights or legitimate interests in registering the disputed domain name. The disputed domain name is not used in connection with a bona fide offering of goods or services as the disputed domain name is allegedly used to attract internet users for commercial gain by creating a likelihood of confusion with the Complainant’s Trademark.\r\n\r\nThe disputed domain name is used in bad faith because the purpose of the registration was to attract Internet users for commercial gain by creating a likelihood of confusion with the Complainant’s trademarks.\r\n\r\nThe Complainant requests that the Panel adopts English in this proceeding. The disputed domain name is composed of the mark “deka” and the term \"eu\" which refers to the territory of the European Union. English is one of the official languages of the European Union. In addition, the content of the website hosted under the domain was in English language which shows that the Respondent understands English and its intention is to target internet users who understand English.\r\n", "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.", "no_response_filed": "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.", "decision": "Accepted", "panelists": [ "Arthur Fouré" ], "date_of_panel_decision": "2020-12-22 00:00:00", "informal_english_translation": "The Complainant has provided evidence of ownership of the following trademarks:\r\n\r\n- European Union Trademark DEKA registered under No. 001555705 with an application date of March 14, 2000;\r\n\r\n- European Union Trademark DEKA registered under No. 016449332 with an application date of March 19, 2017;\r\n\r\n- German Trademark DEKA Investmentfonds registered under No. 399704566 with an application date of November 10, 1999. \r\n", "decision_domains": { "DEKA-EU.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }