{ "case_number": "CAC-UDRP-105893", "time_of_filling": "2023-12-20 13:54:09", "domain_names": [ "ecoeonenergy.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "E.ON SE" ], "complainant_representative": "Nicole Gerling (ARISTOS IP Partnerschaft von Rechtsanwälten mbB)", "respondent": [ "kun qi wang (shen zhen shi ai di si dian zi ji xie she bei you xian gong si)" ], "respondent_representative": null, "factual_background": "

FACTS PROVIDED BY THE COMPLAINANT:<\/strong><\/p>\n

The Complainant is one of Europe's largest operators of energy networks and energy infrastructure and a provider of innovative customer solutions. E.ON SE 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, the Complainant had 78,126 employees and a revenue of € 60.944 billion.<\/p>\n

The Complainant is the owner of the trademarks E.ON®.<\/p>\n

The disputed domain name <ecoeonenergy.com<\/strong>> (hereinafter, the “Disputed Domain Name”) was registered on 18\/10\/2023 by 坤其 王 (kun qi wang) based in China and it resolves to a pay per click site containing links to electricity and gas providers, gas price comparisons and sales sites.<\/p>\n

According to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the Disputed Domain Name and he is not related in any way to the Complainant’s business.<\/p>\n

For the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the Disputed Domain Name and that the language of the registration agreement is English.<\/p>\n

Respondent did not reply to the Complaint.<\/p>\n

NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN 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:<\/p>\n

First element: Similarity<\/p>\n

The Complainant confirms that the Disputed Domain Name <ecoeonenergy.com<\/strong>> is confusingly similar to its trademark E.ON®, company names and registered domain names.  <\/p>\n

The Complainant states that the simple combination of a trademark or trademarks with a nondistinctive generic term such as “eco\" and \"energy\", which is descriptive of the very area of business of the Complainant, i.e. electrical power from renewable resources, cannot make the Disputed Domain Name sufficiently different from the earlier rights to avoid a likelihood of confusion.<\/p>\n

Furthermore, the Complainant contends that top-level suffix in the domain names (i.e. in this case \".com\") is disregarded in the comparison.<\/p>\n

Second element: Rights or legitimate interest <\/p>\n

The Complainant contends that the Respondent is not commonly known by the Disputed Domain Name. Further, the Complainant assets that the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name and he is not related or affiliated in any way with the Complainant. In addition, the Complainant asserts that neither license nor authorization has been granted to the Respondent to use the disputed domain name by the Complainant.<\/p>\n

Moreover, the Complainant also claims that the Disputed Domain Name resolves to a pay per click site containing links to electricity and 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.<\/p>\n

In accordance with Complainant, the Respondent has clearly chosen the Disputed 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. Therefore, the Respondent has no rights or legitimate interests on the Disputed Domain Name.<\/p>\n

Third element: Bad faith<\/p>\n

The Complainant contends that given the distinctiveness and the renown of the earlier rights and the mark E.ON®, there can be no good faith explanation for registering this combination of the trademark of the Complainant together with a generic term as a domain name. The Respondent must have had actual knowledge of the Complainant's brand before and at the time of the registration of the Disputed Domain Name.<\/p>\n

Following Complainant´s argument, the Disputed Domain Name was registered with the sole purpose of creating an association with the Complainant in order to divert traffic from the Complainant while at the same time stopping the Complainant from resuming use of the Disputed Domain Name for commercial purposes. In view of the foregoing, any good faith use of the domain names is hard to imagine. The Respondent must therefore also be deemed to have registered and be making use of the Disputed Domain Name in bad faith.<\/p>\n

RESPONDENT<\/p>\n

Respondent did not reply to the Complaint.<\/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": [ "Victor Garcia Padilla" ], "date_of_panel_decision": "2024-01-22 00:00:00", "informal_english_translation": "

The Complainant is owner of numerous trademark registrations around the world including the following:<\/p>\n

    \n
  1. EUTM 002361558 E.ON, registered on 19\/12\/2002 in classes 35, 39 and 40;<\/li>\n
  2. EUTM 002362416 e.on, registered on 19\/12\/2002 in classes 35, 39 and 40; and<\/li>\n
  3. EUTM 006296529 e.on, registered on 27\/06\/2008 in classes 07, 36, 37 and 40 .<\/li>\n<\/ol>", "decision_domains": { "ecoeonenergy.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }