http:\/\/www.exness.uk<\/a>>. The Complainant uses the trademark EXNESS in connection with financial services globally.<\/p>\nThe Complainant (EXNESS HOLDINGS CY LIMITED) is a part of Exness Group - an online multi-asset broker that was founded in 2008. It is recognized as an industry leader. Besides its established markets, it is growing fast in MENA, Africa, and Latin America. The claimant complies with the highest regulatory standards and has eight licenses from international regulatory bodies, including many in Europe (Cyprus and the UK).<\/p>\n
The disputed domain name <exnesscapitalhub.com> was registered on December 19, 2023, while the disputed domain names <xtradesness.com> and <xtradesness.org> were registered on November 8, 2023 and on January 31, 2024, respectively. The holder of all these three domain names is the Ukrainian resident Alexey Gulko from Kyiv.<\/p>\n
The disputed domain names are used to create the fake visibility of non-existent company Exness Capital LTD which purports to provide financial services of the same character as the Complainant’s. The Complainant provides that all these three domain names are being maliciously used to perpetrate scams on unsuspecting clients. These fraudulent domain names are intentionally designed to deceive consumers into believing that they are engaging with the Complainant, which is a reputable and established financial services provider. By leveraging the goodwill associated with the EXNESS trademark, the scammers engage in deceptive practices, not only to mislead consumers but also to illegally harvest sensitive personal and financial information.<\/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 submits that the requirements of the Policy have been met and that the disputed domain names should be transferred to it.<\/p>\n
The Complainant outlines the clear and compelling connections among the disputed domain names <xtradesness.org>,<xtradesness.com>, and <exnesscapitalhub.com>: (a) each of these domain names was registered through the same registrar; (b) all of them employed WHOIS masking services in an attempt to evade detection (a common tactic utilised by those seeking to conceal their identity and potentially engage in bad-faith registration and use of domain names); (c) each domain name employs an identical favicon, which incorporates the same distinctive logo, creating a strong visual association between the sites; (d) the design of the login areas across these domain names is consistent with one another, further evidencing a coordinated effort to present a unified, albeit misleading, user experience. The Complainant concludes that this pattern of behaviour suggests a strategic intent to capitalise on the bad faith associated with the nefarious purposes such as phishing, fraud, or infringement of intellectual property rights.<\/p>\n
In the matter of the disputed domain name <xtradesness.com>, the disclaimer text claims the website to be the property of “Exness Capital LTD”, with a physical location listed at “Neas Egkomis 33, Nicosia 2409, Cyprus”. The disclaimer asserts that Exness Capital LTD is a trademark owner and does not provide services to a list of specific countries and jurisdictions. However, in fact, the business entity by the name of “Exness Capital LTD” is not registered in Cyprus. Moreover, “Exness capital” is not a registered trademark, further invalidating the claim of lawful ownership and use. This false representation is compounded by the respondent's use of the domain name https:\/\/xtradesness.com\/, which incorporates the well-known EXNESS mark over its website at different times, thus indicating an intention to mislead or potentially defraud consumers by suggesting an association or affiliation with the legitimate EXNESS brand. The Complainant concludes that the use of such a domain name, coupled with the erroneous information provided in the disclaimer, constitutes bad faith registration and use, warranting action under the Uniform Domain Name Dispute Resolution Policy (UDRP).<\/p>\n
The Respondent provided a very short response: \"The domains named in the lawsuit were registered without the authorization of the account holder at the godaddy.com domain registrar. These people were fired long ago, but using access to the registration system to which they had access, were able to register the said domains. Due to the fact that the dispute is now open, I cannot remove these domains completely from the godaddy.com domain registration system. As soon as godaddy.com allows me to remove them, I will do so immediately and report back. I will only be happy if the godaddy.com domain registrar removes the domains in question.\" Later, after the case administrator noted that removing the domain names while the UDRP proceeding is still active is not possible, the Respondent replied: \"I understand that, but I was contacted by Gabriela Freire from Exness Holdings CY Limited, we chatted and then my domain registrar blocked my account, and it was no longer about the domains xtradesness.org, xtradesness.com, exnesscapitalhub.com, as the blocking was all, I in turn did my best to make the above domains not function. Such proceedings led to the loss of access to other domains that are not relevant to the case. One of the domains was related to the sale of products for adults, but apparently the interest of Exness Holdings CY Limited has affected this as well.\"<\/span><\/p>\n<\/p>",
"rights": "
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": "
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": "
The Complainant has, to the satisfaction of the Panel, shown the disputed domain names have 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": [
"Darius Sauliūnas"
],
"date_of_panel_decision": "2024-05-27 00:00:00",
"informal_english_translation": "
The Complainant is the owner of the trademark EXNESS registrations on a worldwide basis since 2008. The EXNESS trademarks have been registered under the Madrid System for the international registration of marks and enjoy protection in more than 100 countries, including, inter alia, the USA, the European Union through Africa. One of them, the EU trademark EXNESS (Reg. No. 018616417) was filed on December 3, 2021, granted on March 24, 2022, in connection with the classes 9, 36 and 42.<\/p>",
"decision_domains": {
"xtradesness.org": "TRANSFERRED",
"xtradesness.com": "TRANSFERRED",
"exnesscapitalhub.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}