{ "case_number": "CAC-UDRP-106499", "time_of_filling": "2024-05-02 10:16:25", "domain_names": [ " eon-php.org" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Stefan Männich (E.ON SE)" ], "complainant_representative": "Dr Julian Erfurth (Lubberger Lehment Rechtsanwälte Partnerschaft mbB)", "respondent": [ "Bob Smith" ], "respondent_representative": null, "factual_background": "

A<\/strong>. Complainant<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Complainant is part of E.ON Group, one of Europe's largest operators of energy networks and energy infrastructure, which provides services to c. 48 million customers. The Complainant and its trade mark are widely known in the European Union and beyond.<\/p>\n

The Complainant seeks to obtain the transfer of the disputed domain name <eon-php.org> on the grounds set out in section A.2 below.<\/p>\n

B<\/strong>. Respondent<\/strong>'s Factual Allegations<\/strong><\/p>\n

The Respondent has defaulted in this UDRP administrative proceeding and has therefore made no factual allegations.<\/p>", "other_legal_proceedings": "

The Panel is unaware of any other pending or decided legal proceedings in respect of the domain name <eon-php.org> ('the disputed domain name').<\/p>", "no_response_filed": "

A<\/strong>. Complainant<\/strong><\/p>\n

A<\/strong>.1 The disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights<\/strong><\/p>\n

The disputed domain name <eon-php.org> is identical to the Complainant's trade mark E.ON, the only differences being the omission of the dot in 'eon' and the addition of the generic element 'php', both of which are however irrelevant in assessing identity or confusing similarity under paragraph 4(a)(i) of the UDRP Policy.  Furthermore, generic Top-Level Domains ('TLDs'), in this case <.org>, are typically disregarded by UDRP panels under this UDRP Policy ground because of their sole technical function.<\/p>\n

A<\/strong>.2 The Respondent has no rights or legitimate interests in respect of the disputed domain name<\/strong><\/p>\n

The Respondent lacks rights or legitimate interests in respect of the disputed domain name. In particular, the Respondent is not making a legitimate non-commercial or fair use of the disputed domain name. Instead, the Respondent uses the disputed domain name to operate a scam, fraudulent website displaying the Complainant's trade mark and a photograph of the Complainant's headquarter. In addition, the Respondent's website invites customers to submit their personal data for an alleged account with the Complainant. This in and of itself cannot confer rights or legitimate interests to the Respondent.<\/p>\n

A<\/strong>.3<\/strong> The Respondent registered and is using the disputed domain name in bad faith<\/strong><\/p>\n

The disputed domain name is identical to the Complainant's well known trade mark E.ON. The Respondent's website intentionally creates the impression of affiliation with the Complainant, which proves that the Respondent was aware of the Complainant at the time of registering the disputed domain name. The Respondent's behaviour would therefore fall within the remit of paragraph 4(b)(iv) of the UDRP Policy).<\/p>\n

B<\/strong>. Respondent<\/strong><\/p>\n

The Respondent has defaulted in this UDRP administrative proceeding and has therefore failed to advance any substantive case on the merits.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trade mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the UDRP 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 UDRP 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 UDRP Policy).<\/p>", "procedural_factors": "

 1<\/strong>. Procedural Order No. 1<\/strong><\/p>\n

The Panel transmitted to the Parties the Procedural Order No. 1 ('PO1') on 24 May 2024, whereby the Panel requested the Complainant to provide documentary evidence of trade mark rights in E.ON by 29 May 2024.<\/p>\n

2<\/strong>. <\/strong>Complainant<\/strong>'<\/span>s response to PO1<\/strong><\/p>\n

On 24 May 2024, the Complainant submitted into evidence screenshots from the EUIPO website referencing the particulars of the Complainant's trade mark registrations.<\/p>\n

On the same date, the Panel (i) acknowledged receipt of the Complainant's response to PO1 and (ii) informed the Parties that it would proceed to a decision on the merits of the case.<\/p>\n

3<\/strong>. Miscellaneous<\/strong><\/p>\n

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": [ "Yana Zhou" ], "date_of_panel_decision": "2024-05-28 00:00:00", "informal_english_translation": "

The Complainant relies upon the following registered trade marks, amongst others:<\/p>\n

• <\/span>EU trade mark registration no. 002361558, filed on 3 September 2001, for the word mark E.ON, in classes 35, 39, and 40 of the Nice Classification;<\/p>\n

• <\/span>EU trade mark registration no. 002362416<\/span>, filed on 3 September 2001, for the word mark e.on, in classes 35, 39, and 40 of the Nice Classification; and<\/p>\n

• <\/span>EU trade mark registration no. 0876364<\/span>, filed on 9 September 2005, for the figurative mark e.on, in classes 4, 35, 39, and 40 of the Nice Classification.<\/p>\n

(Collectively or individually referred to as 'the Complainant's trade mark', 'the Complainant's trade mark E.ON', or 'the trade mark E.ON').<\/p>\n

The disputed domain name was registered on 23 April 2024. At the time of writing of this decision, it does not resolve to an active website (for present purposes, 'the Respondent's website').<\/p>", "decision_domains": { " eon-php.org": "TRANSFERRED" }, "panelist": null, "panellists_text": null }