{ "case_number": "CAC-UDRP-106891", "time_of_filling": "2024-11-22 09:41:43", "domain_names": [ "eon-de.com" ], "case_administrator": "Olga Dvořáková (Case admin)", "complainant": [ "E.ON SE" ], "complainant_representative": "Dr Julian Erfurth (Lubberger Lehment Rechtsanwälte Partnerschaft mbB)", "respondent": [ "Michael Hannart" ], "respondent_representative": null, "factual_background": "

FACTS PROVIDED BY THE COMPLAINANT:<\/strong><\/p>\n

The Complainant is one of Europe's largest operators of energy networks and energy infrastructure and a provider of innovative customer solutions. E.ON SE is a member of Euro Stoxx 50 stock market index, the DAX stock index and a member of the Dow Jones Global Titans 50 index.<\/p>\n

The Complainant is the owner of the trademarks E.ON®. The disputed domain name <eon-de.com> (hereinafter, the “Disputed Domain Name”) was registered on June 20th<\/sup>, 2024 by Michael Hannart <\/strong>based in Belgium and it resolves to an inactive website.<\/p>\n

According to Complainant’s non-contested allegations, the Respondent has no rights or legitimate interest in respect of the Disputed Domain Name.<\/p>\n

For the purpose of this case, the Registrar confirmed that the Respondent is the current registrant of the Disputed Domain Name and that the language of the registration agreement is English.<\/p>\n

Respondent did not reply to the Complaint.<\/p>\n

<\/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": "

COMPLAINANT:<\/p>\n

First element: Similarity<\/p>\n

The Complainant states that the Disputed Domain Name <eon-de.com> is identical to the protected sign E.ON®. <\/p>\n

The Complainant states that the addition of a purely generic element to a trademark in a domain name – such as “de” in the present case – is irrelevant in assessing confusing similarity or identity under para. 4(a)(i) of the Policy and thus typically ignored. Furthermore, the Complainant indicates that “de” is commonly understood as hint to “Germany” (Deutschland). Further, also the TLD “.com” is to be ignored for the purpose of assessing the confusing similarity, because it only plays a technical function.<\/p>\n

Second element: Rights or legitimate interest<\/p>\n

The Complainant contends that the Respondent has no rights or legitimate interests in respect of the Disputed Domain Name. Moreover, the Complainant also claims that the Disputed Domain Name resolves to an inactive website and the Disputed Domain Name has only been registered to approach third parties under an e-mail address that creates the impression to be an official E.ON account. <\/p>\n

In accordance with Complainant, the use of the Disputed Domain Name for fraud and illegal activity can never confer rights or legitimate interests on a Respondent. The Complainant confirms that these principles must apply in the same way for this Disputed Domain Name that has been registered for the sole reason to use e-mail accounts associated with the Disputed Domain Name<\/span> for fraudulent purposes.<\/p>\n

Third element: Bad faith<\/p>\n

The Complainant contends that the Disputed Domain Name is identical to the Complainant’s well-known trademark. The e-mail “markus.bunten@eon-de.com” intentionally creates the impression of an official E.ON e-mail, which is prove that the Respondent is aware of the Complainant and their trademarks. In this sense, the Complainant also states that the Disputed Domain Name was only recently created in 2024. On top of all that, the Respondent is concealing its identity, by not giving any identity in the Whois and by sending out e-mails in the name of the Complainant.<\/p>\n

RESPONDENT<\/p>\n

Respondent did not reply to the Complaint.<\/p>", "rights": "

The Complainant has, to the satisfaction of the Panel, shown the Disputed Domain Name e 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 Policy were met and there is no other reason why it would be inappropriate to provide a decision.<\/p>", "decision": "Accepted", "panelists": [ "Victor Garcia Padilla" ], "date_of_panel_decision": "2024-12-23 00:00:00", "informal_english_translation": "

The Complainant is owner of numerous trademark registrations around the world including the following:<\/p>\n

    \n
  1. EUTM 002361558 E.ON, registered on December 19, 2002 in classes 35, 39 and 40;<\/li>\n
  2. EUTM 002362416 e.on, registered on December 19, 2002 in classes 35, 39 and 40; and<\/li>\n
  3. EUTM 006296529 e.on, registered on June 27, 2008 in classes 07, 36, 37 and 40 .<\/li>\n<\/ol>", "decision_domains": { "eon-de.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }