{ "case_number": "CAC-UDRP-106701", "time_of_filling": "2024-07-18 08:42:52", "domain_names": [ "eon-hungaria.info " ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "E.ON SE" ], "complainant_representative": "Dr. Julian Erfurth (Lubberger Lehment Rechtsanwälte Partnerschaft mbB)", "respondent": [ " Alvin Wells" ], "respondent_representative": null, "factual_background": "

E.ON Group is one of Europe's largest operators of energy networks and energy infrastructure. The Complainant owns a number of trademarks registrations for E.ON that predate the registration of the disputed domain name.<\/p>\n

The Respondent registered the disputed domain name on 28 March 2024 using a privacy service.<\/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 contends that the requirements of the Policy have been met and that the disputed domain name should be transferred to it.<\/p>\n

The Complainant states that the disputed domain name <eon-hungaria.info> is identical to its trademark E.ON, and is reproduced in its entirety, only omitting the dot (see E.ON SE v. Jack Li, CAC-UDRP-106086). It asserts that the addition of a purely generic element, such as “hungaria”, is irrelevant in assessing confusing similarity (see Kurt Geiger Limited v. Ralph Grunwald, WIPO Case No. D2021-1558).<\/p>\n

The Complainant asserts the Respondent has no rights or legitimate interests in the disputed domain name but is using it to operate a fake website that appears to be operated by the Complainant, and where customers are directed to execute payments on allegedly open energy bills.<\/p>\n

The Complainant asserts that the Respondent has registered and is using the domain in bad faith. The domain name is identical to the Complainant’s well-known trademark. The website intentionally creates the impression that it is the Complainant’s official site, which shows that the Respondent is aware of the Complainant and its trademarks.<\/p>\n

The Complainant asserts the fraudulent activities follow a pattern. The Complainant has filed previous UDRP complaints regarding the disputed domain names <eon-hungary.com> (CAC-UDRP-106381) and <eon-hungary.net> (CAC-UDRP-106489). Both domain names resolved to websites with identical fraudulent content.<\/strong><\/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": [ "Veronica Bailey" ], "date_of_panel_decision": "2024-08-21 00:00:00", "informal_english_translation": "

The Complainant owns various trademarks registrations including:<\/p>\n