The Complainant’s contentions can be summarised as follows:<\/p>\n
A. <\/strong>Background history<\/strong><\/p>\n The Complainant is a Hungarian limited liability company established in 2004. The Complainant produces energy drinks and coffee beverages which are commercialised in more than 50 countries worldwide, including in the majority of the EU countries. <\/p>\n In addition to the trade marks mentioned in the section ‘Identification of Rights’ above, and numerous other trade marks, the Complainant advises that it owns the domain name <hellenergy.hu>, which was registered in 2006, and that such domain name is redirected to the Complainant’s main website at www.hellenergy.com.<\/p>\n By way of relief, the Complainant seeks to obtain the ownership of the disputed domain name <hellenergy-hu.com> on the grounds advanced in section B below.<\/p>\n B. Legal grounds<\/strong><\/p>\n I. The disputed domain name is confusingly similar to trade marks in which the Complainant has rights<\/strong><\/p>\n The Complainant avers that the disputed domain name is confusingly similar to the Complainant’s trade mark HELL ENERGY, in so far as the disputed domain name consists of the term ‘hellenergy’ and the additional element ‘-hu’ whose meaning coincides with the country code Top-Level Domain (ccTLD) for Hungary, which is the country where the Complainant is seated.<\/p>\n The Complainant further avers that the Complainant’s company name is ‘HELL Energy Magyarország <\/strong>Kft.’, which has the meaning of ‘Hell Energy Hungary’ in the English language. Therefore, the disputed domain name may be perceived as an abbreviation of the English translation of the Complainant’s name.<\/p>\n II. <\/strong>The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n The Complainant asserts that the Respondent’s identity is unknown due to the privacy settings of the disputed domain name. Nonetheless, the Complainant further asserts that, regardless of the Respondent’s identity, the Complainant did not authorise any third party to register the disputed domain name. Consequently, the Respondent has no rights of legitimate interest in respect of the disputed domain name.<\/p>\n III. <\/strong>The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n The Complainant states that the Respondent has registered the disputed domain name with the aim to intentionally mislead third parties against, and in the name of, the Complainant.<\/p>\n The Complainant reports (and provides evidence thereof) that the Respondent disguised himself as a member of the Complainant’s own personnel to communicate with the Complainant’s business partners, with a view to obtain a financial benefit thereof. The Respondent has made use of email addresses nearly identical to the Complainant’s for that purpose.<\/p>\n The Complainant therefore concludes that the Respondent has registered and is using the disputed domain name in bad faith.<\/p>",
"other_legal_proceedings": " The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <hellenergy-hu.com> (‘the disputed domain name’).<\/p>",
"no_response_filed": " No administratively compliant Response has been filed.<\/p>",
"rights": " The Complainant has, to the satisfaction of the Panel, shown the disputed domain name is identical or confusingly similar to trade marks in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP Policy).<\/p>",
"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 UDRP Policy).<\/p>",
"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 UDRP Policy).<\/p>",
"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.<\/p>",
"decision": "Accepted",
"panelists": [
"Gustavo Moser"
],
"date_of_panel_decision": "2022-12-08 00:00:00",
"informal_english_translation": " The Complainant relies upon the following registered trade marks, amongst many others:<\/p>\n • <\/span>EU trade mark registration no. 009530511, registered on 3 May 2011, for the figurative mark HELL ENERGY, in class 32 of the Nice Classification; and<\/p>\n • <\/span>EU trade mark registration no. 014749253, registered on 23 December 2016, for the word mark HELL ENERGY, in class 32 of the Nice Classification.<\/p>\n (Hereinafter, collectively or individually, ‘the Complainant’s trade mark’; ‘the Complainant’s trade mark HELL ENERGY’; or ‘the trade mark HELL ENERGY’ interchangeably).<\/p>\n At the time of writing, the disputed domain name does not resolve to an active website (‘the Respondent’s website’).<\/p>",
"decision_domains": {
"hellenergy-hu.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}