{ "case_number": "CAC-UDRP-104058", "time_of_filling": "2021-10-07 09:39:18", "domain_names": [ " deutsche-börse.com", " deutschebörse.com" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Deutsche Börse AG " ], "complainant_representative": "Grünecker Patent und Rechtsanwälte PartG mbB", "respondent": [ "Maximus Holding, Inc." ], "respondent_representative": null, "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant has its place of incorporation and principal place of business in Frankfurt am Main, Germany. It is a leading marketplace organizer for financial services, trading in shares and other securities worldwide, having customers in Europe, the United States of America (“USA”) and Asia, who are serviced by more than 3,200 employees at locations in Germany, Luxembourg, Switzerland and the USA, as well as at representative offices in London, Paris, Chicago, New York, Hong Kong, Dubai, Moscow, Bejing, Tokyo and Singapore\r\n\r\nThe Complainant owns trademark registrations consisting of, or with, the element DEUTSCHE BÖRSE in various jurisdictions worldwide and, since 1992, company name rights for Deutsche Börse AG, which is regularly abbreviated as Deutsche Börse. The Complainant’s website is found at “www.deutsche-boerse.com”.\r\n\r\nThe disputed domain names are identical to the Complainant’s trademark and the addition of a hyphen to the first disputed domain name does not render it dissimilar from said mark.\r\n\r\nThe Complainant has not licensed or otherwise authorized the Respondent to register the disputed domain names. There is no indication that the Respondent is using the disputed domain names to offer bona fide goods and services, nor is it making a legitimate non-commercial or fair use of the disputed domain names. \r\n\r\nUsers accessing the disputed domain names are redirected to various websites, including (1) “de.newzmayo.me” which contains an article about crypto currencies under the title \"China startet offizielle Kryptowährung: Die Weltbank und Regierungen sind entsetzt\" (China starts official crypto currency: Wordlbank and Governments are shocked), including a link to a sales platform for crypto currencies; and (2) “predirect.net” with the title \" „Löwen “ System macht Deutsche Bürger reich! Sendung darf nicht ausgestrahlt werden, der Sender ist stinksauer BILD untersucht die Wahrheit über das geheime System zum Geld verdienen\" (\"Lion\" System Makes German Citizens Rich! Programme may not be broadcast, broadcaster is furious BILD investigates the truth about the secret system for making money\"). Said page contains links to software promising miraculous profits with investments into crypto currencies.\r\n\r\nIn addition, occasionally the user is redirected to pages requiring the user to agree to push notices. Previously, paid links e.g. to \"Best Retirement Stocks\" or to the \"Best Brokerage Account\" were also displayed on the page.\r\n\r\nThe Respondent has registered numerous internationalized domain names reflecting well-known brands, such as: \r\n\r\n\r\n\r\n<Škoda.net>\r\n\r\n\r\n\r\n\r\nSee also Wüstenrot Holding AG v. Maximus Holding, Inc., WIPO Case No. D2005-0942.\r\n\r\nThere is a clear pattern of the Respondent registering domain names corresponding to well-known brands, which are then used for generating revenue and directing online users to potentially fraudulent websites, as the aforementioned websites advertising dubious crypto currency investments. It is obvious that the disputed domain names are identical to the Complainant’s trademarks. The Complainant is operating the Frankfurt Stock Exchange and enjoys an outstanding reputation as a reliable provider of financial services, and the disputed domain names are perfectly suited for these purposes.\r\n\r\nThis use is not a legitimate non-commercial or fair use of the disputed domain names, as it uses the goodwill of the famous DEUTSCHE BÖRSE mark to generate revenue and direct online users to potentially fraudulent websites.\r\n\r\nRespondent’s use of the disputed domain names, which are automatically redirecting online users to third-party websites, is an indication of bad faith use. This is particularly so where Respondent presumably attracts commercial gain through redirecting traffic to these third-party websites, as becomes evident by the page with the text \"No Sponsors\" displayed on 25 October, 2020.\r\n\r\nThe online user is, most often, redirected to either a fraudulent website, or websites, which instruct the user to do something, such as clicking “Allow” on a pop-up box. Such websites demonstrate characteristics typical of fraudulent websites, whether through phishing (inputting personal data or depositing money to a website) or through downloading malware (by downloading a file or permitting the website to carry out a function).\r\n\r\nThus, it is apparent that the disputed domain names were registered and used in bad faith.\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 names.", "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.", "rights": "The Complainant has, to the satisfaction of the Panel, shown the disputed domain names are 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 names (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 names have been registered and are 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": [ "Andrew Lothian" ], "date_of_panel_decision": "2021-11-04 00:00:00", "informal_english_translation": "The Complainant is the owner of the following registered trademarks (among others):\r\n\r\nGerman registered trademark:\r\n\r\nDEUTSCHE BÖRSE, word mark, registered April 20, 1998 under number 39404080, for goods and services in Nice classes 9, 16, 35, 36 and 42.\r\n\r\nEuropean Union registered trademark:\r\n\r\nDEUTSCHE BÖRSE, word mark, registered November 14, 2000 under number 886481, for goods and services in Nice classes 9, 16, 35, 36 and 42.", "decision_domains": { "DEUTSCHE-BöRSE.COM": "TRANSFERRED", " DEUTSCHEBöRSE.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }