{
    "case_number": "CAC-UDRP-104418",
    "time_of_filling": "2022-03-25 09:04:37",
    "domain_names": [
        "eurex.finance"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Deutsche Börse AG"
    ],
    "complainant_representative": "Grünecker Patent und Rechtsanwälte PartG mbB",
    "respondent": [
        "Gabriel McGrath"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant’s contentions can be summarised as follows:\r\n\r\nA. Background history\r\n\r\nThe Complainant is Deutsche Börse AG, a transaction service provider and one of the world’s leader market place organisers for financial services, in particular trading in shares and other securities. \r\n\r\nThe Complainant has customers in Europe, the USA and Asia, who are serviced by more than 9,000 employees based in Germany, Luxembourg, Switzerland and the USA, as well as representatives in many walks of the world.\r\n\r\nThe Complainant, amongst other activities, organises one of the world’s largest derivative markets under the trade mark EUREX and operates one of the world’s leading clearing houses with EUREX CLEARING, including EUREX REPO in the area of securities financing. \r\n\r\nEUREX Group is made up of the following companies in the derivatives business: EUREX Frankfurt AG; EUREX CLEARING; EUREX REPO; and EUREX Securities Transactions Services GmbH. \r\n\r\nEUREX was set up in 1998 and has since continuously set a proven track record in electronic trading and clearing, having become one of the world’s largest international market organisers for the trading of futures and options on equities and equity indices, as well as of interest rate derivatives. \r\n\r\nThe Complainant seeks the transfer of the disputed domain name <eurex.finance> to it (“the disputed domain name”) on the grounds set out in section B below. \r\n\r\n\r\nB. Legal grounds\r\n\r\nI. The disputed domain name is confusingly similar to a trade mark in which the Complainant has rights\r\n\r\nThe Complaint submits that the disputed domain name <eurex.finance> is identical to the Complainant’s trade mark EUREX; and that the generic Top-Level domain (“gTLD”) <.finance> describes the field of business in which the Complainant’s trade mark is well known, such that it increases the risk of Internet users associating the disputed domain name with the Complainant.\r\n\r\n\r\nII. The Respondent has no rights or legitimate interests in respect of the disputed domain name\r\n\r\nThe Complainant states that the Respondent is not making a bona fide offering of goods or services by means of the disputed domain name, nor is the Respondent using the disputed domain name for legitimate non-commercial or fair use. The Complainant contends, instead, that the website at the disputed domain name (“the Respondent’s website”) diverts Internet users seeking for the Complainant’s services, by intentionally creating a likelihood of confusion with the Complainant’s trade mark as to an affiliation or association between the Complainant and the Respondent and\/or between the Respondent and the Complainant’s trade mark. \r\n\r\nThe Complainant further states that it may be assumed that the disputed domain name was fraudulently registered to impersonate the Complainant – a known trustworthy provider of financial services – with a view to luring Internet users. \r\n\r\nIn light of the above, the Complainant concludes that the Respondent has no rights or legitimate interests in the dispute domain name. \r\n\r\n\r\nIII. The Respondent registered and is using the disputed domain name in bad faith\r\n\r\nThe Complainant avers that the disputed domain name has been registered and is being used by the Respondent in bad faith to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the Complainant as to the source, sponsorship, affiliation, or endorsement of that website (paragraph 4(b)(iv) of the Policy).\r\n\r\nThe Complainant submits that the Respondent’s website offered Internet users an online form by which to transfer payment without providing any further information about the Respondent’s identity. The Complainant claims that, by operating in this fashion, the Respondent’s website created the incorrect impression that the service being offered was operated by the Complainant’s subsidiary EUREX. \r\n\r\nThe Complainant therefore concludes that the Respondent has registered and is using the disputed domain name in bad faith. ",
    "other_legal_proceedings": "The Panel is unaware of any other pending or decided legal proceedings in respect of the disputed domain name.",
    "no_response_filed": "Response\r\n\r\nThe Respondent submitted a Response on 7 April 2022, the content of which is copied below:\r\n\r\n“Hello, I have nothing to do with Eurex.com or german stock market. Eurex is just a name I came up with in my mind, I didn't even know that this site exists. \r\n\r\nSo, please stop writing me because I'm not paying any fee nor fine, because I have nothing to do with it. I never used Eurex name for anything at all. \r\n\r\nSo please, kindly stop emailing me.”\r\n\r\n\r\nOn 8 April 2022, the Respondent submitted a Nonstandard Communication, the content of which is copied below:\r\n\r\n“Hello, I have nothing to do with Eurex.com or german stock market. Eurex is just a name I came up with in my mind. I didn't even know that this site exists. So, please stop writing me because I'm not paying any fee nor fine for something I haven't done. I have nothing to do with it. I never used Eurex name for anything at all. The domain is blocked and I'm not willing to have it again, and not any domain with the eurex name inside. So please, kindly stop emailing me.”",
    "rights": "The Panel makes no ruling on this UDRP Policy ground for the reasons articulated in section \"Principal Reasons for the Decision\" below.",
    "no_rights_or_legitimate_interests": "The Panel makes no ruling on this UDRP Policy ground for the reasons articulated in section \"Principal Reasons for the Decision\" below.",
    "bad_faith": "The Panel makes no ruling on this UDRP Policy ground for the reasons articulated in section \"Principal Reasons for the Decision\" below.",
    "procedural_factors": "A. Preliminary Matter: Language of Proceeding  \r\n\r\nA.1 The Complainant’s language request \r\n\r\nThe Complaint was filed in English. \r\n\r\nThe Registrar’s Verification response indicated that the language of the registration agreement for the disputed domain name is German.\r\n\r\n\r\nIn the Complaint, the Complainant submitted a request for English to be the language of proceedings, in respect of which the Complainant advanced the following grounds:\r\n\r\n(i) The Respondent’s website was in English, and the gTLD <.finance> in the disputed domain name corresponds to an English language term; and\r\n\r\n(ii) The Respondent is apparently familiar with the English language, also in view of the Respondent’s civil name.\r\n\r\n\r\nA.2 The Panel’s determination \r\n\r\nThe Panel is given wide discretion under Rule 11 (a) of the UDRP Rules to determine the appropriate language of the administrative proceedings having regard to all the case circumstances. The Panel notes, however, that Rule 10 (b) and Rule 10 (c) of the UDRP Rules vest the Panel with authority to conduct the proceedings in a manner that it deems appropriate, while also ensuring that the parties are treated with equality, that each party is given a fair opportunity to present its case, and that the proceedings be conducted with due expedition. The Panel is therefore mindful to exercise such discretion carefully and judiciously.\r\n\r\n\r\nThe Panel’s determination on the language of proceedings is centred on the following six guiding factors:\r\n\r\n(i) the language of the disputed domain name string: the Panel accepts that English is the only identifiable language in the disputed domain name string. The Panel agrees with the Complainant’s assertion that the gTLD <.finance> is a relevant factor which sways in favour of English;\r\n\r\n(ii) the content of the Respondent’s website: the Respondent’s website used to display content in English only, as asserted by the Complainant, which suggests to the Panel that the Respondent has ample knowledge of the English language;\r\n\r\n(iii) the language(s) of the parties: both Parties are based in Germany, such that German would appear to be the lingua franca in the present matter. Nonetheless, both Parties have participated in these proceedings by making submissions in English only. The Respondent therefore appears to have no difficulty with the English language; \r\n\r\n(iv) the Respondent’s behaviour in the course of the proceedings: the Panel notes that the Respondent has made submissions in English only;\r\n\r\n(v) the Panel’s overall concern with due process: the Panel has discharged its duty under Rule 10 (c) of the UDRP Rules; and\r\n\r\n(vi) the balance of convenience: while determining the language of proceedings, the Panel has a duty to consider who would suffer the greatest inconvenience as a result of the Panel’s determination. On the one hand, the determination of English as the language of proceedings is unlikely to cause the Respondent any inconvenience, not the least given the Parties‘ submissions being made in English only in this UDRP case. The determination of German as the language of proceedings, on the other hand, is very likely to cause the Complainant a time inconvenience, and to interfere with the overall due expedition of the proceedings under the UDRP Rules. \r\n\r\n\r\nIn view of the above guiding factors, the Panel declares that English be the language of the proceedings. \r\n\r\nThe 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": [
        "Dr Gustavo Moser"
    ],
    "date_of_panel_decision": "2022-04-20 00:00:00",
    "informal_english_translation": "The Complainant relies upon the following registered trade marks, amongst others:\r\n\r\n• German trade mark registration no. 30309064, registered on 24 April 2003, for the word mark EUREX, in classes 9, 16, 35, 36, 38, 41 and 42 of the Nice Classification;\r\n\r\n• German trade mark registration no. 39756930, registered on 2 February 1998, for the word\/figurative mark EUREX, in classes 9, 16, 35, 36, 38 and 42 of the Nice Classification;\r\n\r\n• EU trade mark registration no. 000744763, registered on 8 June 1999, for the word mark EUREX, in classes 9, 16, 35, 36, 38 and 42 of the Nice Classification; and\r\n\r\n• EU trade mark registration no. 003378973, registered on 21 March 2005, for the word mark EUREX US, in classes 9, 16, 35, 36, 38 and 42 of the Nice Classification.\r\n\r\n(hereinafter and interchangeably, “the Complainant’s trade mark”; “the Complainant’s trade mark EUREX”; or “the trade mark EUREX”).  ",
    "decision_domains": {
        "EUREX.FINANCE": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}