E.ON Group is one of Europe's largest operators of energy networks and energy infrastructure and a provider of innovative customer solutions for approximately 48 million customers. The Complainant, E.ON SE, is a member of Euro Stoxx 50 stock market index, DAX stock index and the Dow Jones Global Titans 50 index.<\/p>\n
The disputed domain name was registered on September 18, 2024.<\/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, for the following reasons.<\/p>\n
The Complainant owns the trademark registrations set out above, all of which, by virtue of long and intensive use, are well-known to significant parts of the public in the EU and beyond. They are associated exclusively with the Complainant. In addition, the sign “E.ON” enjoys protection as a company name.<\/p>\n
The Complainant initiated UDRP proceedings against the domain name <de-eon.com> recently after becoming aware that a third party is using this domain name for fraudulent activities, inter alia for placing fake orders in the name of the Complainant under the e-mail address <auftrag@de-eon.com>. The registrar for the domain name <de-eon.com> was Alibaba Cloud Computing. The UDRP ended in a panel decision for transfer (UDRP 106652).<\/p>\n
The Complainant has noticed that the fraudulent activities are still ongoing, now using the disputed domain name <se-eon.com>, registered on September 18, 2024, closely after the domain name <de-eon.com> was disabled. Fake orders for solar panels have been placed in the name of the Complainant from the e-mail address <auftrag@se-eon.com>. Further fake e-mails were sent from the address <rechnung@se-eon.com>. This new e-mail has also been sent under the name “E.ON Group” and with an official footer of E.ON SE, including the Complainant’s figurative mark. However, the account <se-eon.com> is not an official account of the Complainant and the e-mails are scam or otherwise malicious e-mails.<\/p>\n
The disputed domain name <se-eon.com> is identical to the protected sign “E.ON”.<\/p>\n
The Respondent has no rights or legitimate use in the disputed domain name <se-eon.com>. In particular, the Respondent is not making a legitimate non-commercial or fair use of the disputed domain name. The Respondent is not using the disputed domain name for an active website. The disputed domain name is held passively, blocking it from use by the Complainant. The disputed domain name has only been registered to approach third parties under an e-mail address that creates the impression of an official E.ON account. For fake shops and all other forms of fraud and illegal activity it is well established that the use of a domain name can never confer rights or legitimate interests on a respondent. These principles must apply in the same way for a domain name that has been registered for the sole reason to use e-mail accounts associated with the domain name for fraudulent purposes.<\/p>\n
The Respondent has registered and is using the disputed domain name in bad faith. The disputed domain name is identical to the Complainant’s well-known trademark. The e-mails <auftrag@se-eon.com> and <rechnung@se-eon.com> intentionally create the impression of an official E.ON e-mail, which is proof that the Respondent is aware of the Complainant and its trademarks. The disputed domain name has been registered only recently 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
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": [ "Alan Limbury" ], "date_of_panel_decision": "2024-12-21 00:00:00", "informal_english_translation": "
The Complainant owns the following word mark registrations:<\/p>\n
EUTM 002361558 E.ON, registered on December 19, 2002 in classes 35, 39 and 40;<\/p>\n
EUTM 002362416 e.on, registered on December 19, 2002 in classes 35, 39 and 40; and<\/p>\n
EUTM 006296529 e.on, registered on June 27, 2008in classes 07, 36, 37 and 40;<\/p>\n
and the figurative mark EUTM 0876364 e.on, registered on September 9, 2005 in classes 4, 35, 39, 40.<\/p>", "decision_domains": { "se-eon.com": "TRANSFERRED" }, "panelist": null, "panellists_text": null }