{ "case_number": "CAC-UDRP-106946", "time_of_filling": "2024-10-17 09:11:20", "domain_names": [ "eonenergy.lat" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "E.ON SE" ], "complainant_representative": "Dr Julian Erfurth (Lubberger Lehment Rechtsanwälte Partnerschaft mbB)", "respondent": [ "Domain Administrator " ], "respondent_representative": null, "factual_background": "

The Complainant is an operators of energy networks and energy infrastructure which provides its services to approximately 48 million customers. The Complainant is listed on the Euro Stoxx 50 stock market index, DAX stock index and the Dow Jones Global Titans 50 index.<\/span><\/p>\n

The disputed domain name was registered on September 28, 2024 and resolves to a website which hosts a log-in page with the Complainant's \"E.ON\" logo, which c<\/span>opies the look and feel of an official webpage of the Complainant and uses the Complainant's E.ON trademarks, and undisputedly intends to create the impression of an official website of the Complainant's group.<\/p>\n

According to the Complainant the disputed domain name is, in legal terms, identical to the Complainant’s E.ON trademark, which the disputed domain name reproduces in its entirety, only omitting the dot. The Complainant alleges that the addition of the term \"energy\" is a purely generic element which should be ignored, just as the the top level domain (TLD) “.lat” is to be ignored for the purpose of assessing the confusing similarity, because it only plays a technical function.<\/p>\n

The Complainant alleges that the Respondent has no rights or legitimate use in the disputed domain name because it is not making a legitimate non-commercial or fair use of the disputed domain name but rather uses the disputed domain name to operate a fake website that appears, by using the Complainant’s E.ON trademark, as if it was operated by the Complainant. Customers of the Complainant will be directed to this website in order to enter their data, assuming that they are logging into the Complainant’s portal. According to the Complainant it is well established that the use of a domain name can never confer rights or legitimate interests on a respondent for fake shops and all other forms of fraud and illegal activity.<\/span><\/p>\n

The Complainant further alleges that the Respondent has registered and is using the disputed domain name in bad faith as the disputed domain name is identical to the Complainant’s well-known E.ON trademark, and resolves to a website which intentionally creates the impression of being an official webpage of the Complainant, which the Complainant considers proof that the Respondent is aware of the Complainant and its E.ON trademarks. The Respondent is also concealing its identity on the website operated under the disputed domain which do not contain any imprint or other information, and uses a privacy service for the Whois.<\/span><\/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": "

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": [ "Alfred Meijboom" ], "date_of_panel_decision": "2024-11-15 00:00:00", "informal_english_translation": "

The Complainant is the owner of, inter alia<\/em>:<\/span><\/p>\n