The Complainant is one of Europe's largest operators of energy networks and energy infrastructure and a provider of innovative customer solutions for approximately 48 million customers.<\/p>\n
Founded in Germany in June 2000 and present in over 30 countries including Hungary, the Complainant is also a member of Euro Stoxx 50 stock market index, DAX stock index and of the Dow Jones Global Titans 50 index.<\/p>\n
The Complainant promotes its trademark and services in Hungary via its official website at <eon.hu>, registered on October 25, 2018.<\/p>\n
The disputed domain name <eon-hungary.com> was registered on January 6, 2024, and currently resolves to an inactive website. According to the screenshots submitted in Annexes to the Complaint (which have not been contested by the Respondent), the disputed domain name resolved prior to the filing of the Complaint to a website featuring the Complainant’s trademarks and containing a request for payment of an alleged energy bill.<\/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
The Complainant contends that the disputed domain name <eon-hungary.com> is identical to the trademark E.ON in which the Complainant has rights as it reproduces the trademark in its entirety with the mere omission of the dot and the addition of a the geographical indicator “hungary” and the generic Top Level Domain “.com”.<\/p>\n
The Complainant submits that the Respondent has no rights or legitimate interests in the disputed domain name since the Respondent has used it to operate a fake website that appeared to be associated with the Complainant due to the use of the Complainant’s trademarks, where users were requested to execute payments of allegedly open energy bills.<\/p>\n
The Complainant claims that the Respondent registered and used the disputed domain name in bad faith because: i) the disputed domain name is identical to the Complainant’s well-known trademark; ii) the website to which the disputed domain name resolves intentionally creates the impression of an official E.ON website, a circumstance which would demonstrate the Complainant’s awareness of the Complainant and its trademark; and iii) the Respondent has been concealing its identity both on the website at the disputed domain name, which does not contain any imprint or other information, and through the use of a privacy service to shield its contact details in the public Whois records.<\/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 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": [ "Luca Barbero" ], "date_of_panel_decision": "2024-04-30 00:00:00", "informal_english_translation": "
The Complainant has demonstrated ownership of rights in the trademark E.ON for the purposes of standing to file a UDRP complaint.<\/p>\n
The Complainant is the owner of numerous trademark registrations for E.ON, including the following:<\/p>\n
- European Union trademark registration No. 002361558 for E.ON (word mark), filed on September 3, 2001, and registered on December 19, 2002, in classes 35, 39 and 40;<\/p>\n
- European Union trademark registration No. 002362416 for e.on (word mark), filed on September 3, 2001, and registered on December 19, 2002, in classes 35, 39 and 40;<\/p>\n
- European Union trademark registration No. 006296529 for e.on (word mark), filed on September 20, 2007, and registered on June 27, 2008, in classes 7, 36, 37 and 40;<\/p>\n
- International Trademark Registration No. 0876364 for e.on (figurative mark), registered on September 9, 2005, in classes 4, 35, 39 and 40.<\/p>", "decision_domains": { "eon-hungary.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }