The Complainant is Deutsche Börse AG, one of the leading market place organizers for financial services, particularly trading in shares and other securities worldwide. The Complainant is a transaction service provider, which affords international companies and investors access to global capital markets by means of advanced technology. 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 also operating the Frankfurt stock exchange 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
The EUREX Group is made up of the following companies in the derivatives business with representative offices around the world:<\/p>\n
Since its inception in 1998, EUREX has continuously set a proven track record in electronic trading and clearing and is providing 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 disputed domain name was registered on 4 May 2023. Under the disputed domain name, the Respondent appears to operate a trading platform which allows users to buy or sell crypto currencies. The website prominently displays the protected EUREX logo of the Complainant.<\/p>", "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.<\/p>", "no_response_filed": "
The Complainant submits that the requirements of the Policy have been met and that the disputed domain name should be transferred to it. The Complainant makes a number of legal arguments (referenced below) and also supplies a set of annexes providing evidence of its activities and of the Respondent's use of the disputed domain name.<\/p>\n
No administratively compliant Response has been filed.<\/p>\n<\/div>\n<\/div>", "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).<\/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 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 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": [ "Udo Pfleghar B.A. (Melb.)" ], "date_of_panel_decision": "2023-09-11 00:00:00", "informal_english_translation": "
The Complainant is the registered proprietor of a numerous trademark registrations (both word and combined word and design marks) for the trademark EUREX in many jurisdictions around the world, including the following:<\/p>\n
<\/p>\n
- German Registration No. 30309064 EUREX with priority 19 February 2003 for classes 35, 36, 39, 41, 42;<\/p>\n
- German Registration No. 39756930 EUREX (and design) with priority 27 November 1997 for classes 9, 16, 35, 36, 38, 42;<\/p>\n
- International Registration No. 635015 EUREX for BY-CH-LI-MC-SM-UA with priority of 5 December 1994 and for classses 09, 35, 36, 42 and for classes 9, 16, 35, 36, 38, 41, 42;<\/p>\n
- International Registration No. 812147 Eurex for AU-JP-KR-NO-SG-TR-BY-CH-HR-LI-RU-UA-SG with priority of 24 April 2003 and for classes 09, 16, 35, 36, 38, 41, 42;<\/p>\n
- International Registration No. 812154 eurex (&device) for P, UA, BY, RU, CH, KR, SG, AU, LI, HR, TR, NO with priority of 28 July 2003 for classes 9, 16, 35, 36, 38, 41, 42;<\/p>\n
- EUTM No. 744763 EUREX with priority 13 February 1998 for classes 9, 16, 35, 36, 38, 42;<\/p>\n
- EUTM No. 3378973 EUREX US with priority 21 March 2005 for classes 9, 16, 35, 36, 38, 41, 42;<\/p>\n
- US registration No. 2941068 EUREX with priority 10 May 2002 for classes 9, 16, 36;<\/p>\n
- UK registration No. 900744763 EUREX with priority 13 February 1998 for classes 9, 16, 35, 36, 38, 42;<\/p>\n
- CN registration no 5591453 EUREX with priority 7 September 2006 for class 36;<\/p>\n
- MY registration No. 06018304 EUREX with priority 6 October 2006 for class 36; and<\/p>\n
- IN registration No. 1500199 Eurex with priority 1 November 2006 for classes 9, 16, 35, 36, 42.<\/p>", "decision_domains": { "eurex-jp.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }