Complainant is one of the leading market place organizers for financial services, particularly trading in shares and other securities worldwide. Moreover, Complainant is a transaction service provider, which affords international companies and investors access to global capital markets by means of advanced technology. Its product and service portfolio covers the entire process chain from order input to custody of shares and derivatives. Deutsche Börse Group has customers in Europe, the USA and Asia, who are serviced by more than 10.000 employees at locations in Germany, Luxemburg, Switzerland and the USA, as well as at representative offices in London, Paris, Chicago, New York, Hong Kong, Dubai, Moscow, Beijing, Tokyo and Singapore. In Germany, Complainant is the leading company in its field of business.<\/p>\n
Among others, Deutsche Börse Group organizes one of the world’s largest derivative markets under the trademark EUREX and operates one of the world’s leading clearing houses with EUREX CLEARING. In the area of securities financing, it further operates EUREX REPO.<\/p>\n
Since its inception in 1998, EUREX has continuously set a proven track record in electronic trading and clearing and it is proving the success of its business model by providing highly efficient liquidity pools. Having quickly become an integral part of the global derivatives market, EUREX has closed with record volumes of traded contracts almost every year. EUREX, the futures and options exchange, is one of the world’s largest international market organizers for the trading of futures and options on equities and equity indices, as well as of interest rate derivatives. Today, around 370 market participants in 33 countries are connected to the EUREX trading system. More than 7,000 traders are registered with EUREX.<\/p>\n
The Complainant has requested the consolidation of the proceedings, since in its opinion, the disputed domain names, although apparently registered under the names of different Respondents, are in fact subject to a common control. The circumstances upon which the Complainant relies to demonstrate the existence of a common control in the registration and use of the disputed domain names, are the following (not all these circumstances are simultaneously present): Furthermore, the Complainant has requested that the proceedings is conducted in English although the language of the registration agreement is Chinese. Actually, it is the Complainant's view that the Respondents are familiar with the English language since the available websites are in English and, in general, the Respondents have shown interest in the financial sector and the business activities in this field are largely conducted in English. <\/span><\/p>\n According to the Complainant, the disputed domain names are confusingly similar to Complainant's trademark as they contain the trademark EUREX in its entirety or the distinctive elements of the Complainants EUREX mark (namely the first three characters EUR- and the final character -X). According to Complainant the further elements in the disputed domain names will be understood as mere geographical references. According to the Complainant, Respondents have no rights or legitimate interest in the disputed domain names. Actually, the Respondents, have never been authorized or otherwise been licensed or permitted by the Complainant to use any of its trademarks. The Respondents are also not affiliated in any way with the Complainant. Not only by using the trademarks EUREX as distinctive element of the disputed domain names, but also through the use of the EUREX logo, the Respondents imply an affiliation that does actually not exist. The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain names.<\/p>",
"no_response_filed": " Complainant´s contentions are summarised above.<\/p>\n NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED. <\/p>",
"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).<\/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 names (within the meaning of paragraph 4(a)(ii) of the Policy).<\/p>",
"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).<\/p>",
"procedural_factors": " - Consolidation of Respondents<\/p>\n According to Article 3(c) of Rules for Uniform Domain Name Dispute Resolution Policy (\"Rules\"), the Complaint may relate to more than one domain name, provided that the disputed domain names are registered by the same domain-name holder. According to Article 10(e) of Rules a Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules. The 5 disputed domain names have the following registrations date and are registered by different Respondents, as reported below:<\/span> a) <eurex-tw.site>, registered on February 23, 2023;<\/p>\n b) <eurex-tn.top>, registered on March 6, 2023;<\/p>\n c) <eurex-ch.top>, registered on October 24, 2022;<\/p>\n d) <eurmax-taiw.top>, registered on September 8, 2022;<\/p>\n e) <eurmax-ch.top>, registered on June 28, 2022. All the disputed domain names are registered through the same Registrar (BIZCN) and share the same IP address (121.127.241.69). The websites corresponding to domain names a) and b) are identical and display the Complainant's EUREX logo. The domain tools screenshots archive under the domain names d) and e) demonstrates that there were identical websites (currently inactive) corresponding to those domain names and that said websites presented many communalities with the websites under domain names a) and b); in particular all these websites show the Complainant's mark EUREX. The domain name c) seems that has never been used until now. <\/p>\n Notwithstanding the differences in registrant details, the Panel considers that all the disputed domain names are under the same common control. In addition to the points raised by the Complainant, it must be noted that all the websites pretend to give the impression to be official websites of the Complainant and all the Respondents originate from China. Finally, the Respondents have had the opportunity to challenge in these proceedings the Complainant assertions of common control but have chosen not to do so.<\/p>\n In previous cases similar to the one at hand the Panel has decided to order the consolidation (see, for example, Tod's SPA v Web Commerce Communications Limited; CAC Case No. 103815 and Deutsche Börse AG v. Iqbal Zafar \/ Domain Administrator, See PrivacyGuardian.org \/ WhoisGuard Protected, WhoisGuard, Inc. \/ Iqbal Zafar, FIX Tech \/ Host Pakistan, Syed Dilawar, Host Pakistan Online Department \/ 123-reg Limited, 123-reg Limited; WIPO Case No. D2018-1757).<\/p>\n The Panel therefore agrees to the Complainant’s request, even considering that, due to the circumstances of the present case, it is equitable and procedurally efficient to consolidate the proceedings. <\/p>\n - Language<\/p>\n As far as the language of the proceedings is concerned, Rule 11 states as follows:<\/span> Deutsche Börse AG is the owner of various trademark registrations, in particular:<\/p>\n - German Registration No. 30309064 EUREX filed on February 19, 2003 and duly registered and renewed for classes 35, 36, 39, 41, 42;<\/p>\n - German Registration No. 39756930 EUREX (and design) filed on November 27, 1997 and duly registered and renewed for classes 9, 16, 35, 36, 38, 42;<\/p>\n - IR No. 635015 EUREX registered on December 5, 1994 and duly renewed for classes 9, 35, 36, 42;<\/p>\n - IR No. 812147 Eurex registered on July 28, 2003 and duly renewed for classes 9, 16, 35, 36, 38, 41, 42;<\/p>\n - IR No. 812154 Eurex (&device) registered on July 28, 2003 and duly renewed for classes 9, 16, 35, 36, 38, 41, 42;<\/p>\n - EUTM No. 744763 EUREX filed on February 13, 1998 and duly registered and renewed for classes 9, 16, 35, 36, 38, 42;<\/p>\n - EUTM No. 3378973 EUREX US filed on September 30, 2003 and duly registered and renewed for classes 9, 16, 35, 36, 38, 41, 42;<\/p>\n - US registration No. 2941068 EUREX filed on May 10, 2002 and duly registered and renewed for classes 9, 16, 36;<\/p>\n - UK registration No. 900744763 EUREX filed on February 13, 1998 and duly registered and renewed for classes 9, 16, 35, 36, 38, 42; and<\/p>\n - CN registration no 5591453 EUREX filed on September 7, 2006 and duly registered and renewed for class 36.<\/p>",
"decision_domains": {
"eurex-tw.site": "TRANSFERRED",
"eurex-tn.top": "TRANSFERRED",
"eurex-ch.top": "TRANSFERRED",
"eurmax-taiw.top": "TRANSFERRED",
"EurMax-Ch.top": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}
- registration dates very close one another;
- identical or almost identical websites;
- same Registrar;
- same IP address;
- same domain name structure (in particular use of the Complainant's famous EUREX logo).<\/span><\/p>\n
<\/p>\n
According to the Complainant the disputed domain names were registered and are used in bad faith. Actually, by registering the disputed domain names, the Respondents create the incorrect impression that at least a connection with the Complainant exists. This is increased by the prominent use of the Complainant’s logo in the websites corresponding to the domain names in dispute. It is evident for the Complainant that by registering and using the disputed domain names, the Respondents have intentionally attempted to attract, for commercial gain, Internet users by creating a deliberate likelihood of confusion with the Complainant's marks as to the source, sponsorship, affiliation or endorsement of the Respondents websites.<\/span><\/p>\n<\/div>",
"other_legal_proceedings": "
The Complainant requests to consolidate its claims against the registrants of the disputed domain names notwithstanding that the registrant details are different, on the grounds that all the disputed domain names are subject to common control and that it is equitable and procedurally efficient to consolidate the proceedings. <\/p>\n
1. Domain names in the name of Jian Duan Zhang:<\/span><\/p>\n
2. Domain names in the name of Xue Ting Gong:<\/span><\/p>\n
<\/p>\n
\"Unless otherwise agreed by the Parties, or specified otherwise in the Registration Agreement, the language of the administrative proceeding shall be the language of the Registration Agreement, subject to the authority of the Panel to determine otherwise, having regard to the circumstances of the administrative proceeding.\"<\/span>
The Complainant has requested that the language of the proceedings should be English for the reasons listed in the Complaint, even though the language of the Registration Agreement is Chinese. The Panel finds that the Complainant has introduced convincing arguments, having regard to the circumstances of this case, and thus accepts that the proceedings may be in English. In addition to the points raised by the Complainant, it must also be noted that (i) the disputed domain names are in Latin script and not in Chinese script indicating that the websites provided under the disputed domain names are directed to, at the very least, an English-speaking public and (ii) the Respondents did not make any submissions with respect to the language of the proceeding and did not object to the use of English as the language of the proceeding.<\/span>
The same conclusion was reached by the Panel in previous similar cases (see Get Fresh Cometics v Yongwan Ji, WIPO Case no. D2016-0379 and <\/span>Philip Morris Products S.A. v. 向智平 (Zhi Ping Xiang), 杨阳 (Yang Yang), WIPO Case No. D2021-1578).<\/p>\n
The Panel is satisfied that all procedural requirements under the Policy have been met and there is no other reason why it would be inappropriate to provide a decision.<\/span><\/p>\n<\/div>",
"decision": "Accepted",
"panelists": [
"Guido Maffei"
],
"date_of_panel_decision": "2023-04-21 00:00:00",
"informal_english_translation": "