{ "case_number": "CAC-UDRP-106498", "time_of_filling": "2024-05-02 10:14:16", "domain_names": [ "eon-hungary.net" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "Stefan Männich (E.ON SE)" ], "complainant_representative": "Dr Julian Erfurth (Lubberger Lehment Rechtsanwälte Partnerschaft mbB)", "respondent": [ "Alvin Wells" ], "respondent_representative": null, "factual_background": "

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

THE DISPUTED DOMAIN NAME IS IDENTICAL OR CONFUSINGLY SIMILAR TO A TRADEMARK OR SERVICE MARK IN WHICH THE COMPLAINANT HAS RIGHTS<\/span><\/p>\n

The Complainant claims that it is one of Europe's largest operators of energy networks and energy infrastructure and a provider of innovative customer solutions for approx. 48 million customers. The Complainant is 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 alleges that its trademarks cited above are, by virtue of long and intensive use, well-known to significant parts of the public in the EU and beyond. They are associated exclusively with the Complainant. The sign “E.ON” also enjoys protection as a company name.<\/p>\n

The disputed domain name was registered on March 28, 2024 and according to the Complainant it resolves to a website with fraudulent content.<\/p>\n

The Respondent intends to create the impression of an official website. The website not only copies the look and feel of the official Complainant’s page but also uses the “E.ON” trademark. The website contains a request for payment of an alleged energy bill. By clicking on “Pay now” customers are forwarded to another page where payment by credit card can be executed. The website creates the impression that customers are carrying out payment to an official E.ON account. The Complainant claims that the disputed domain name is identical to its trademark. The disputed domain name reproduces the “e.on” trademark in its entirety, only omitting the dot.<\/p>\n

The Complainant refers to previous UDRP decisions and claims that the addition of a purely generic element to a trademark in a domain name – such as “Hungary” in the present case – is irrelevant in assessing confusing similarity or identity.<\/p>\n

THE RESPONDENT HAS NO RIGHTS OR LEGITIMATE INTERESTS IN RESPECT OF THE DISPUTED DOMAIN NAME<\/span><\/p>\n

The Complainant asserts that the Respondent is not making a legitimate non-commercial or fair use of the domain name. The Respondent uses the disputed domain name to operate a fake website. Customers of the Complainant are directed to this website to execute payments of alleged energy bills. It is well established that the use of a domain name for fraudulent activity can never confer rights or legitimate interests on a respondent.<\/p>\n

THE DISPUTED DOMAIN NAME WAS REGISTERED AND BEING USED IN BAD FAITH<\/span><\/p>\n

The Complainant claims that the disputed domain name is identical to the Complainant’s well-known trademark.<\/p>\n

The website intentionally creates the impression of an official “E.ON” web page which confirms Respondent’s awareness of the Complainant and its trademarks. The disputed domain has been registered only recently.<\/p>\n

Besides, the Respondent is concealing his identity and uses a privacy service. The Complainant alleges that customers of the Complainant have received fraudulent emails asking them to visit the website at the disputed domain name and pay the bills. Such emails are being sent by an unknown person under the name of \"E.ON Customer Service\". The Complainant has nothing to do with either the sending of these emails or the above website. These are criminal offences to the detriment of the Complainant and its consumers. The fraudulent activities seem to follow a pattern. The Complainant refers to an earlier UDRP dispute over the <eon-hungary.com> with similar facts, CAC Case No. 106381<\/em><\/strong>.<\/p>\n

Therefore, the Complainant claims the disputed domain name was registered and being used in bad faith.<\/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": "

The Complainant's contentions are summarized in the Factual Background section 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>\n

The Complainant did not provide any evidence of its trademark registrations cited in the complaint.<\/p>\n

The Panel issued a procedural order No. 1 on May 24, 2024 and requested the Complainant to provide proof of trademark registrations.<\/p>\n

The Complainant complied with the procedural order and provided extracts from the EUIPO Trademark Register confirming its trademark rights on May 24, 2024.<\/p>", "decision": "Accepted", "panelists": [ "Igor Motsnyi" ], "date_of_panel_decision": "2024-05-27 00:00:00", "informal_english_translation": "

In this proceeding the Complainant relies on the following trademark registrations:<\/p>\n