{
    "case_number": "CAC-UDRP-104744",
    "time_of_filling": "2022-07-22 09:22:28",
    "domain_names": [
        "DeutscheBorseGroup.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Deutsche Börse AG"
    ],
    "complainant_representative": "Grünecker Patent und Rechtsanwälte PartG mbB",
    "respondent": [
        "Babin Vsevolod"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a German based company active in the banking and financial fields.\r\n\r\nThe Complaints owns numerous trademark registrations for DEUTSCHE BÖRSE effective, among the others, in the EU, in China and in Russia.\r\n\r\nThe Complainant's company name is Deutsche Börse AG and the Complaint owns the domain name https:\/\/www.deutsche-boerse.com\/  that hosts its official website.\r\n\r\nthe domain name <DeutscheBorseGroup.com> is currently inactive and, according to the information provided by the Registrar, it is owned by Babin Vsevolod and was registered on April 7, 2022.",
    "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.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nAs regards the first element of the Policy, the Complainant supports that the disputed domain name is confusingly similar to the \"DEUTSCHEBORSE\" trademarks. The addition of the element \"GROUP\" does not impact on the confusingly similarity assessment in view of its dictionary meaning.\r\n\r\nAs regards the second element of the Policy, the Complainant denies that the Respondent has been authorized to use the trademark \"DEUTSCHEBORSE\" \" in the disputed domain name. Moreover, according to the Complainant, the disputed domain name is not used to offer bona fide goods and services or in a legitimate non-commercial or fair manner.\r\n\r\nAs regards the third element of the Policy, the Complainant supports that the disputed domain name is registered and used in bad faith.\r\n",
    "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": [
        "Andrea Mascetti"
    ],
    "date_of_panel_decision": "2022-08-22 00:00:00",
    "informal_english_translation": "The Complainant proved to be the owner of the following trademarks:\r\n\r\n- International trademark registration no. 917734 DEUTSCHE BÖRSE Group (&device) with priority of18.08.2006 for international classes 9, 16, 35, 36, 41,42, 45 with protection for CH, RU (however the Panel notes that the Complainant did not provide a complete extract of this trademark; the Complainant submitted only a synthetic extract of the TM VIEW database which included several trademarks including the IR no. 917734. This extract did not contain information on the designating parties. The Panel strongly suggests to the Complainant to provide complete extracts of the trademarks cited in the complaint).;\r\n\r\n- German trademark registration no. 30648274 DEUTSCHE BÖRSE (&device) with priority of 4.8.2006 for international classes 36,9,16, 35, 38,41,42,45;\r\n\r\n- German trademark registration no 39404080 “Deutsche Börse” with priority of 29.11.1994 for international classes 36,9,16, 35,42;\r\n\r\n- EUTM no. 5276738 DEUTSCHE BÖRSE (&device) with priority of 04.08.2006 for international classes 9,16.35,36,38,41,42;\r\n\r\n- EUTM no. 000886481 \"DEUTSCHE BÖRSE\" with priority of 24.07.1998 for international classes 9,16.35,36,42.",
    "decision_domains": {
        "DEUTSCHEBORSEGROUP.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}