{
    "case_number": "CAC-UDRP-105808",
    "time_of_filling": "2024-02-13 08:01:15",
    "domain_names": [
        "EuroBorseGroup.com",
        "BoerseGroup.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Deutsche Börse AG"
    ],
    "complainant_representative": "Mark Peters LL.M. (Grünecker Patent und Rechtsanwälte PartG mbB)",
    "respondent": [
        "Adrian Chis",
        "Ivan Borisov"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant in these administrative proceedings is Deutsche B&ouml;rse AG, a global company which was established in 1992 and is based in Frankfurt am Main, Germany. It is the parent company of Deutsche B&ouml;rse Group which, inter alia, e.g. consists of Eurex Frankfurt AG (100 % subsidiary), Eurex Global Derivates AG (100 % subsidiary), Clearstream Holding AG (100 % subsidiary).<\/p>\n<p>As of 31 December 2022, Complainant and its subsidiaries employed a total of 11,078 staff working at 55 locations worldwide. The business field includes the world-famous DAX index and data, as well as admission, trading and clearing. In 2022, the Deutsche B&ouml;rse Group has realised a profit of 1.494,4 million euros.<\/p>\n<p>In particular, Deutsche B&ouml;rse Group operates the Frankfurter Wertpapierb&ouml;rse (English translation: Frankfurt Stock Exchange; also known as &ldquo;Deutsche B&ouml;rse&rdquo;) and its trading platform Xetra, the global reference market for German equity and exchange-traded funds (ETFs).<\/p>\n<p>Thereby, Deutsche B&ouml;rse Group is one of the 15 largest stock exchanges in the world in terms of trading volume: Deutsche B&ouml;rse&rsquo;s cash markets generated a turnover of 105.01 billion in January 2024.<\/p>\n<p>Furthermore, the Complainant operates Europe&rsquo;s leading market for trading financial derivatives, the EUREX derivatives exchange. EUREX Group is made up of several companies in the derivatives business with representative offices around the world, which are available under www.eurex.com\/ex-en\/. More than 7,000 traders are registered with EUREX.<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the second disputed domain name, &lt;boerseGroup.com&gt;. The Complainant said that a Criminal Complaint by a defrauded user against inter alia EURO B&Ouml;RSE GROUP as owner of the disputed domain name &lt;euroborsegroup.com&gt; runs before the Spanish Criminal Authorities (IdLexNet 1202410634004103).<\/p>",
    "no_response_filed": "<p>The Complainant contends that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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. Especially a single proceeding was here allowed to consolidate two different Registrants and with each one domain name because there is a great similarity in the signs, the way of registering the domains, their email-addresses and hiding their identity and acting to harm the same company, the Complainant, or the customers of the Complainant.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "Harald von Herget"
    ],
    "date_of_panel_decision": "2024-03-27 00:00:00",
    "informal_english_translation": "<p>The Complainant DEUTSCHE B&Ouml;RSE AG registered \"DEUTSCHE B&Ouml;RSE GROUP\" trademarks in several countries, e.g. German trademark reg. no. 306514745 DEUTSCHE B&Ouml;RSE GROUP (&amp;device) with priority of 4.8.2006 which is valid, EUTM reg. no. 005299011 DEUTSCHE B&Ouml;RSE GROUP (&amp;device) with priority 18.08.2006 and International trademark reg. no. 917734 DEUTSCHE B&Ouml;RSE GROUP (&amp;device) with priority of 18.08.2006 with protection for CH, RU. Further he registered German trademark reg. no 39404080 &ldquo;Deutsche B&ouml;rse&rdquo; with priority of 29.11.1994, still valid.<\/p>\n<p>Moreover, Complainant is the owner of a numerous (word and word\/design) registrations for the trademark EUREX for many jurisdictions worldwide, e.g. German trademark reg. no. 30309064 EUREX with priority 19.02.2003, EUTM reg. no. 744763 EUREX with priority 13.02.1998, which is valid and registered before the Respondent registered the disputed domain name.<\/p>\n<p>The trade marks of the Complainant are well-known.<\/p>\n<p>The Complainant also provided evidence that it owns a domain containing the name &lt;deutsche-boerse.com&gt; registered well before the two Respondents registered the disputed domain names.<\/p>",
    "decision_domains": {
        "EuroBorseGroup.com": "TRANSFERRED",
        "BoerseGroup.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}