The Complainant is one of the leading market place organizers for financial services, particularly trading in shares and other securities worldwide. The Complainant 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. 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.<\/p>\n
The domain name <EureXs.com><\/strong> was registered on August 27, 2023. The domain name <Tw-EureX.com><\/strong> was registered on September 15, 2023. The domain name <EureXSystem.com><\/strong> was registered on September 20, 2023. The domain name <EureXs.com><\/strong> resolves to a website, which operates a trading platform that allows users to trade crypto currencies. The domain names <Tw-EureX.com><\/strong> and <EureXSystem.com><\/strong> resolve to a webpage displaying error messages in Chinese language.<\/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 names.<\/p>",
"no_response_filed": " COMPLAINANT:<\/p>\n (i) The Complainant owns registrations for the mark EUREX in many jurisdictions worldwide. The disputed domain names are confusingly similar to the Complainant’s mark because the disputed domain names incorporate the Complainant’s mark in their entireties with the addition of a single letter or generic terms and the “.com” gTLD.<\/p>\n (ii) The Respondent has no rights or legitimate interests in respect of the disputed domain names. There is no connection between the Respondent and the Complainant or its subsidiaries. The Respondent does not use the disputed domain names in connection with a bona fide<\/em> offering of goods or services, or legitimate noncommercial or fair use because the disputed domain name <EureXs.com><\/strong> resolves to a website, which operates a trading platform that allows users to trade crypto currencies; and the disputed domain names <Tw-EureX.com><\/strong> and <EureXSystem.com><\/strong> resolve to a webpage displaying error messages.<\/p>\n (iii) The Respondent registered and uses the disputed domain names in bad faith. The disputed domain name <EureXs.com<\/strong>> resolves to a website, which operates a trading platform that allows users to trade crypto currencies. The disputed domain names <Tw-EureX.com><\/strong> and <EureXSystem.com><\/strong> resolve to a webpage displaying error messages. The Respondents of these two disputed domain names have registered the disputed domain names to attract investors, misleading them about an actually not existing connection with the Complainant. <\/p>\n RESPONDENT:<\/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": " Preliminary Issue: Multiple Respondents<\/strong><\/p>\n In the instant proceedings, the Complainant has alleged that the entities which control the domain names at issue are effectively controlled by the same person and\/or entity, which is operating under several aliases. Paragraph 3(c) of the Rules for the Policy (the “Rules”) provides that a “complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.” The Complainant contends that the disputed domain names were registered within 3 weeks. The disputed domain name <Tw-EureX.com>’s resolving website displayed the same Chinese language error message, which had at least until September 7, 2023 been available under the disputed domain name <EureXs.com>. A traceroute for the domain name <Tw-EureX.com> does also not resolve to the ISP GOOGLE-CLOUDPLATFORM, USA but to the IP address 103.214.141.87 allocated to the ISP \"DIYVM-HK\" based in Hon Kong. Considering the structural similarities of the disputed domain names <EureXs.com>, <Tw-EureX.com> and <EureXSystem.com>, all containing the Complainant's famous EUREX mark in its entirety and all using capital letters for the characters \"E\" and \"X\", it is assumed that they were registered by the same persons or entity. This is further confirmed by a good number of similar domain registrations all containing EUREX as the distinctive element during the last months, which were regularly involving allegedly ISPs located in Hong Kong or the Respondents based in Hong Kong or China, whereby address data provided by the Respondents was regularly evidently incorrect or incomplete. These domain registrations were also regularly used for offering alleged financial services for crypto investments\/trading, which were clearly intended to defraud customers.<\/p>\n Given the circumstances above, the Panel finds that all of the disputed domain names are commonly owned\/controlled by a single Respondent who is using multiple aliases. The “Respondents” are collectively referred to as ‘Respondent.’<\/p>\n The Panel is satisfied that all other 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": [
"Mr. Ho-Hyun Nahm Esq."
],
"date_of_panel_decision": "2023-10-23 00:00:00",
"informal_english_translation": " The Complainant owns trademark registrations for the mark EUREX in many jurisdictions worldwide, in particular the following:<\/p>\n German registration number 303090642 registered on April 24, 2003;<\/p>\n International registration number 695813 registered on March 25, 1998;<\/p>\n EUIPO registration number 000744763 registered on June 8, 1999;<\/p>\n US registration number 2941068 registered on June 8, 1999; and<\/p>\n UK registration number 900744763 registered on June 8, 1999.<\/p>",
"decision_domains": {
"EureXs.com": "TRANSFERRED",
"Tw-EureX.com": "TRANSFERRED",
" EureXSystem.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}