Complainant states that it is “one of the leading market place organizers for financial services, particularly trading in shares and other securities worldwide”; that it is “a transaction service provider, which affords international companies and investors access to global capital markets by means of advanced technology”; that “[i]ts product and service portfolio covers the entire process chain from order input to custody of shares and derivatives”; that it “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”; and that it “operat[es] the Frankfurt [Germany] stock exchange.”<\/p>\n
The Disputed Domain Names were created on September 20, 2022. The Disputed Domain Name <eurexag.com> has been used in connection with a website that includes Complainant’s logo and, according to the Complaint, “is clearly aimed at impersonating the Complainant” and “allegedly provides investment services.” The Disputed Domain Name <eurex24.com>, according to the Complaint, “is currently not used, but it is connected to the same IP address[]… as <eurexag.com>” and “is apparently registered for future use.”<\/p>", "other_legal_proceedings": "
The Panel is not aware of any other legal proceedings that are pending or decided and that relate to the Disputed Domain Names.<\/p>", "no_response_filed": "
Complainant contends, in relevant part, as follows:<\/p>\n
Paragraph 4(a)(i): Complainant states that each of the Disputed Domain Names “contain[s] the EUREX Trademark in its entirety”; that “ag” is an abbreviation for “Aktiengeselschaft,” which means “stock corporation”; and that “24” “should have no real relevance as the addition of a dictionary term or number or letter to a complainant’s mark is insufficient to dispel the impression of confusing similarity.”<\/p>\n
Paragraph 4(a)(ii): Complainant states that Respondent has no rights or legitimate interests in respect of the Disputed Domain Names because, inter alia, using a domain name to impersonate a complainant “cannot amount to a bona fide offering of goods and services and cannot confer to the Respondents any rights or legitimate interests in the disputed domain names”; and “the mere fact of having registered domain names that include the Complainant’s well-known trademarks, as such, is misleading the Internet users as to the origin of these domain names, cannot confer to the Respondent right or legitimate interests.”<\/p>\n
Paragraph 4(a)(iii): Complainant states that the Disputed Domain Names were registered and are being used in bad faith because, inter alia, “[b]y choosing the disputed domain names consisting of the Complainant's famous trademark EUREX plus common abbreviations (‘AG’) or meaningless additions (‘24’), the Respondent tries to intentionally mislead potential investors in order to attract them to its services, making them believe that the website is operated by the Complainant or that at least an, in fact, non[-]existent association with the Complainant exists,” creating a likelihood of confusion under paragraph 4(b)(iv) of the Policy.<\/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 UDRP).<\/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 UDRP).<\/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 UDRP).<\/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": [ "Douglas Isenberg" ], "date_of_panel_decision": "2023-06-20 00:00:00", "informal_english_translation": "
Complainant states, and provides relevant evidence, that it is the owner of a number of trademark registrations for EUREX since at least 1994, including Int’l Reg. No. 635015 (registered December 5, 1994), as well as other international registration and registrations in the European Union, the United States, the United Kingdom, China, Malaysia and India These registrations are referred to herein as the “EUREX Trademark.”<\/p>", "decision_domains": { "EureXAg.com": "TRANSFERRED", "EureX24.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }