{ "case_number": "CAC-UDRP-106595", "time_of_filling": "2024-06-11 08:59:08", "domain_names": [ "molgroups.com" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "MOL Magyar Olaj- és Gázipari Nyilvánosan Működő Részvénytársaság " ], "complainant_representative": "dr. Monika Brandusa (OPLgunnercooke Assosiation of Law Firms)", "respondent": [ "Ben Adams" ], "respondent_representative": null, "factual_background": "

As the Respondent did not file any response to the complaint, the Panel took into account the following facts asserted by the Complainant (and supported by the documentary evidence submitted by the Complainant) and unchallenged by the Respondent:<\/span><\/p>\n

    \n
  1. The Complainant is a Hungarian multinational oil and gas company headquartered in Budapest, Hungary. Complainant is the third most valuable company in Central and Eastern Europe and was ranked 402nd on the Fortune Global 500 list of the world's largest companies in 2013. Complainant is active in exploration and production, refining, distribution and marketing, petrochemicals, power generation, trading and retail. MOL Group has operations in over 50 countries and employs 25,000 people worldwide. MOL’s exploration and production activities are supported by 80 years’ experience in the hydrocarbon field.<\/span><\/li>\n
  2. The Complainant is the owner of Complainant's Trademarks.<\/span><\/li>\n
  3. The disputed domain name was registered on 28 May 2024 and no website is operated under the disputed domain name. However, on 30 May 2024 an email was sent from the e-mail address created under the disputed domain name to the law firm representing the Complainant in this dispute purporting to be from the Complainant's Czech subsidiary and requesting a proposal for supply of certain goods and services. <\/span><\/li>\n<\/ol>", "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:<\/span>

    In addition to the above factual assertions, the Complainant also contends the following:<\/span><\/p>\n

      \n
    1. The disputed domain name <molgroups.com> only differs from Complainant's MOLGROUP mark in having an additional “s” at the end, thus it is almost identical to Complainant’s MOLGROUP mark, but at least confusingly similar to the verbal element of Complainant's “MOLGROUP” registered figurative trademarks.

      <\/span><\/li>\n
    2. The Respondent is not known by the Complainant. The Respondent is not affiliated with the Complainant and is not related in any way to Complainant’s business. The Respondent is apparently making neither a bona fide offering of goods or services, nor a legitimate noncommercial or fair use, through the disputed domain name. Therefore, the Respondent has no right or legitimate interest to the disputed domain name.<\/span><\/li>\n
    3. \n

      The Respondent acquired the disputed domain name with the specific purpose of targeting the Complainant and its trademarks, it’s trade name and company name, as evidenced by the fraudulent e-mail purporting to be from the Czech subsidiary of the Complainant. Given the distinctiveness of Complainant's Trademarks, it is unlikely that the Respondent had no knowledge of the Complainant's Trademarks when he had registered the disputed domain name confusingly similar to such trademarks. Moreover, considering that MX servers are set for the disputed domain name, it is inconceivable that the Respondent makes any good faith use of the disputed domain name as part of an e-mail address.<\/p>\n<\/li>\n<\/ol>\n

      For these reasons the Complainant believes that it satisfies all requirements under the Uniform Domain Name Dispute Resolution Policy (\"UDRP<\/strong>\" or \"Policy<\/strong>\") for transfer of the disputed domain name to the Complainant. <\/span><\/div>\n

      THE RESPONDENT:<\/span>

      The Respondent did not provide any response to the complaint.<\/span><\/p>\n

       <\/span><\/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>\n

      For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

      For details, please see \"Principal Reasons for the Decision\".<\/span><\/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>\n

      For details, please see \"Principal Reasons for the Decision\".<\/span><\/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": [ "Michal Matějka" ], "date_of_panel_decision": "2024-07-05 00:00:00", "informal_english_translation": "

      The Complainant is the registered owner of the following trademarks:<\/span><\/span><\/p>\n\n\n\n\n\n\n
      \n

      Trade mark no.<\/strong><\/p>\n<\/td>\n

      		\n

      Mark<\/strong><\/p>\n<\/td>\n

      		\n

      Jurisdiction<\/strong><\/p>\n<\/td>\n

      		\n

      Registration date<\/strong><\/p>\n<\/td>\n

      		\n

      Int. Classes<\/strong><\/p>\n<\/td>\n<\/tr>\n

      \n

      007085152<\/p>\n<\/td>\n

      		\n

      MOL (fig.)<\/p>\n<\/td>\n

      		\n

      European Union<\/p>\n<\/td>\n

      		\n

      June 5, 2009<\/p>\n<\/td>\n

      		\n

      4, 35, 43<\/p>\n<\/td>\n<\/tr>\n

      \n

      018735962<\/p>\n<\/td>\n

      		\n

      MOLGROUP (fig.)<\/p>\n<\/td>\n

      		\n

      European Union<\/p>\n<\/td>\n

      		\n

      March 3, 2023<\/p>\n<\/td>\n

      		\n

      4, 39, 40<\/p>\n<\/td>\n<\/tr>\n

      \n

      UK00916151094<\/p>\n

       <\/p>\n

       <\/p>\n

      1357012<\/p>\n<\/td>\n

      		\n

      MOLGROUP CARDS (fig.)<\/p>\n

       <\/p>\n

      MOLGROUP CARDS (fig.)<\/p>\n<\/td>\n

      		\n

      United Kingdom<\/p>\n

       <\/p>\n

       <\/p>\n

      Bosnia and Herzegovina (BA) and Serbia (RS) <\/p>\n<\/td>\n

      		\n

      May 15, 2017<\/p>\n

       <\/p>\n

       <\/p>\n

      March 20, 2017<\/p>\n<\/td>\n

      		\n

      4, 35, 36, 37, 43<\/p>\n

       <\/p>\n

       <\/p>\n

      4, 35, 36, 37, 43<\/p>\n

       <\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

      (\"Complainant's Trademarks<\/strong>\")<\/p>\n

      <\/p>\n

      The disputed domain name <molgroups.com> was registered on 28 May 2024.<\/p>", "decision_domains": { "molgroups.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }