The Complainant is one of the leading marketplace organizers for financial services, in particular for the trading of shares and other securities worldwide. The Complainant is also a transaction services provider enabling companies and investors to 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. The Complainant has customers in Europe, the USA and Asia 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, the Complainant also operates the Frankfurt Stock Exchange.<\/p>\n
Among others, the Complainant organizes one of the world’s largest derivative markets under the trademark EUREX. Since its inception in 1998, EUREX has continuously set a proven track record in electronic trading and clearing and 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 registration date of the disputed domain names are as follows:<\/p>\n
The disputed domain names are currently not associated with any active website. In the past, the first disputed domain name resolved to a trading platform for cryptocurrencies and displaying the Complainant's trademark at the top of the webpage, and the second disputed domain name redirected to first one.<\/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
The Complainant contends that the disputed domain names are confusingly similar to its trademark, since the EUREX trademark is incorporated in its entirety and the addition of geographic terms do not prevent the likelihood of confusion between the disputed domain names and the Complainant's trademark.<\/span><\/p>\n The Complainant also contends that the Respondent has no rights or legitimate interests in respect of the disputed domain names. <\/span> There is no connection between the Complainant or its subsidiaries and the Respondent. The Respondent does not use the disputed domain names in connection with a bona fide offering of goods or services, or legitimate noncommercial or fair use, because the disputed domain names <eurex-tw.com> and <jp-eurex.com> resolve to a website which operates a trading platform of cryptocurrencies and displaying the Complainant's trademark; and the disputed domain name <eurexeu.com> is inactive.<\/p>\n Finally, the Complainant contends that t<\/span>he Respondent has registered and has been using the disputed domain names in bad faith. The disputed domain names are confusingly similar to the Complainant's reputed trademark. Moreover, the Respondent attempted to<\/span> attract investors, misleading them about an actually not existing connection with the Complainant.<\/p>\n The Complainant requests the transfer of the disputed domain names. 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": " 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>\n Under paragraph 10(e) of the UDRP Rules, the Panel shall decide, on its own discretion, to consolidate multiple domain name disputes in accordance with the Policy and these Rules. At the same time, paragraph 3(c) of the UDRP 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.<\/p>\n In deciding consolidation, panels look at whether (i) the domain names or corresponding websites are subject to common control, and (ii) the consolidation would be fair and equitable to all parties. Procedural efficiency shall also be taken into consideration by panels (paragraph 10(c) of the UDRP Rules: \"The Panel shall ensure that the administrative proceeding takes place with due expedition\").<\/span><\/p>\n <\/span>Considered that:<\/p>\n The Panel finds that, on the balance of the probabilities, the disputed domain names are subject to common control, and the consolidation of the dispute is fair and equitable to the Parties and in line with the principle of procedural efficiency.<\/p>",
"decision": "Accepted",
"panelists": [
"Ivett Paulovics"
],
"date_of_panel_decision": "2023-11-21 00:00:00",
"informal_english_translation": " The Complainant is the owner of the EUREX trademark with several international and national registrations worldwide, including but not limited to:<\/p>\n
<\/span><\/p>\n\n
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