{ "case_number": "CAC-UDRP-105890", "time_of_filling": "2023-12-12 10:10:40", "domain_names": [ "eoneergy.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "E.ON SE" ], "complainant_representative": "Nicole Gerling (ARISTOS IP Partnerschaft von Rechtsanwälten mbB)", "respondent": [ "Quan Zhongjun (Juanita Co.)" ], "respondent_representative": null, "factual_background": "

FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/strong><\/p>\n

Key aspects of the Complainant’s contentions are summarized below.<\/p>\n

Complainant’s Background<\/strong><\/p>\n

The Complainant is a European electric utility company based in Essen, Germany. It is one of the world’s largest investor-owned electric utility service providers. The company is included in the Euro Stoxx 50 stock market index, the DAX stock index and a member of the Dow Jones Global Titans 50 index. It operates in over 30 countries and has over 50 million customers. Having been founded in the year 2000, by 2020, E.ON had 78,126 employees and a revenue of € 60.944 billion.<\/p>\n

The earlier trademark and company name e.on has been used by the Complainant E.ON SE intensively and for a substantial period of time. It is therefore an established name in the energy market of the European Union, where it enjoys a consolidated position among the leading brands. Both the Complainant's company name and the trademark E.ON are widely recognised, in recent years having been featured among the TOP 50 German Brands (Ranked No. 19 in 2021), and among the World's 50 Most Valuable Utilities Brands (Ranked No. 13 in 2018). E.ON carries out regular brand awareness surveys and these have established an aided brand awareness of the trademark E.ON of more than 80% in several member states of the European Union such as Germany, Sweden, the Czech Republic, Hungary, and Romania in the time period between November 2017 and June 2020.<\/p>\n

Registration of the disputed domain name<\/strong><\/p>\n

On March 27, 2021, the Respondent using the name “Quan Zhongjun”, of the organization “Juanita Co.” - located in Zhengzhou HeNan, China - registered the disputed domain name <eoneergy.com>.<\/p>\n

First UDRP Element - disputed domain name is Confusingly Similar to the Complainant’s Trademark<\/strong><\/p>\n

The Complainant asserts that the disputed domain name is confusingly similar to its E.ON trademarks because addition of the misspelled generic term “EERGY” for \"energy\" therein does not alter the overall impression of the domain as being closely linked to the Complainant’s company name and trademark E.ON.<\/p>\n

The use of the mark by the Complainant with a “.” between the letters “E” and “ON” does not change this risk of confusion. This separation is not pronounced and is not dominant or distinctive in the earlier marks or the company name. Moreover, the Complainant does not use this separation of the letters in its many domain names such as e.g. EON.COM or EON-ENERGY.NET to name only two of many.<\/p>\n

Furthermore, the Complainant contends that the addition of the gTLD “.COM” does not change the overall impression of the designation as being connected to the Complainant’s trademark<\/p>\n

Second UDRP Element – The Respondent has no Rights or Legitimate Interests in the disputed domain name<\/strong><\/p>\n

The Complainant asserts that the Respondent is not commonly known as the disputed domain name.<\/p>\n

Further, the Respondent is unknown to the Complainant and has not been granted an authorization or license to use the disputed domain names by the Complainant. The Respondent is unknown to the Complainant. The Respondent is not affiliated with nor authorized by the Complainant in any way.<\/p>\n

The Complainant claims there is no evidence of demonstrable preparations to use nor actual use of the disputed domain name in connection with a bona fide offering of goods or services. Rather, the disputed domain name resolves to a pay per click site containing links to gas providers, gas price comparisons and sales sites. These links lead consumers to further websites on the subjects concerned, which, while they may also include further links to E.ON websites, always point first to competitor websites. Use of this type cannot be construed as constituting legitimate interests of the Respondent.<\/p>\n

The Respondent is not making a legitimate noncommercial or fair use of the disputed domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue. Quite the opposite is the case. The Respondent has clearly chosen the domain name with the very intent to make commercial gain by misleadingly diverting consumers. In doing so, the trademark and company name of the Complainant is being tarnished.<\/p>\n

Third UDRP Element – The disputed domain name was Registered and is Being Used in Bad Faith<\/strong><\/p>\n

The Complainant and the Respondent have never had any previous business or other relationships, nor has the Complainant ever granted the Respondent any rights to use the E.ON trademark in any way at all. This includes use in the disputed domain name.<\/p>\n

The Complainant has not found that the Respondent is commonly known by the disputed domain name or has any other legitimate interest in that name. A Google search for “eon eergy” pointed straight to \"eon energy\" and thus the Complainant and its business activities.<\/p>\n

The Respondent deliberately chose to incorporate a sign that is confusingly similar to the wellknown, distinctive trademark E.ON in the disputed domain name, clearly with the intention to collect commercial gain by benefiting from the Complainant’s renown.<\/p>\n

The above summarized facts and arguments asserted by the Complainant are not contested by the Respondent because no Response was filed.<\/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": "

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 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": [ "Claire Kowarsky" ], "date_of_panel_decision": "2024-01-04 00:00:00", "informal_english_translation": "

The Complainant relies on its several registered trademarks, in territories around the world, including the following:<\/p>\n\n\n\n\n\n\n
\n

Mark<\/p>\n<\/td>\n

\n

Territory<\/p>\n<\/td>\n

\n

Registration No.<\/p>\n<\/td>\n

\n

Application Date<\/p>\n<\/td>\n

\n

Registration Date<\/p>\n<\/td>\n

\n

Classes<\/p>\n<\/td>\n<\/tr>\n

\n

E.ON<\/p>\n<\/td>\n

\n

EUTM<\/p>\n<\/td>\n

\n

002361558<\/p>\n<\/td>\n

\n

03\/09\/2001<\/p>\n<\/td>\n

\n

19\/12\/2002<\/p>\n<\/td>\n

\n

35, 39, 40<\/p>\n<\/td>\n<\/tr>\n

\n

e.on<\/p>\n<\/td>\n

\n

EUTM<\/p>\n<\/td>\n

\n

002362416<\/p>\n<\/td>\n

\n

03\/09\/2001<\/p>\n<\/td>\n

\n

19\/12\/2002<\/p>\n<\/td>\n

\n

35, 39, 40<\/p>\n<\/td>\n<\/tr>\n

\n

e.on<\/p>\n<\/td>\n

\n

EUTM<\/p>\n<\/td>\n

\n

006296529<\/p>\n<\/td>\n

\n

20\/09\/2007<\/p>\n<\/td>\n

\n

27\/06\/2008<\/p>\n<\/td>\n

\n

07, 36, 37, 40<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

 Further, the Complainant operates its business using its domain name <eon.com>.<\/p>", "decision_domains": { "eoneergy.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }