The Complainant is part of Exness Group, an online multi-asset broker founded in 2008. It is established and regulated in markets around the world.<\/p>\n
The disputed domain name <exnesspartners.com> was registered on 4 June 2017 and resolves to a log-in page without any other active content. <\/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 all three elements of the UDRP have been fulfilled and it therefore requests the transfer of the disputed domain name to the Complainant. 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 trade mark 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 notes that, while the Complainant is the owner of a number of trade marks consisting of the name EXNESS, it does not itself appear to use these trade marks in the course of trade, such use occurring instead through trading affiliates which are not themselves a party to this proceeding. To the extent that this is the case, and absent any submissions from the Complainant on this issue, the Panel is nevertheless satisfied that, were related parties have rights in the relevant trade mark on which a UDRP complaint is based, the UDRP complaint may be brought by any one of these parties, including the corporate holding company which holds the relevant trade mark rights (see, for example, WIPO Case No. D2008-1368, Embarq Holdings Company LLC v. Domainsbigtime.com <embarqblog.com>; and WIPO Case No. D2010-1728, Endemol Netherland B.V v. David Williams <Endemoltv.com>). <\/p>\n
The Panel is satisfied that all other 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": [ "Gregor Kleinknecht LLM MCIArb" ], "date_of_panel_decision": "2024-10-11 00:00:00", "informal_english_translation": "
The Complainant owns several trade mark registrations consisting of and incorporating the name EXNESS, including the US national trade mark EXNESS, registration No 4953350, first registered on 10 May 2016 in international class 36; and European Union trade mark EXNESS, registration No 018616417, first registered on 24 March 2022 in international classes 9, 36 and 42. The Complainant also refers to an International trade mark registration for the mark EXNESS but provides no further information as to when the mark was first registered. At least the US trade mark registration of the Complainant pre-dates the registration of the disputed domain name. <\/p>\n
Furthermore, the Complainant owns a portfolio of domain names consisting of the name EXNESS, including the domain <exness.com> which is connected to the official website of the Complainant and its affiliates through which they inform Internet users globally about their financial services. However, the Complainant has provided no evidence as to when that domain name was first registered.<\/p>", "decision_domains": { "exnesspartners.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }