The Complainant (Exness Holdings CY Limited) is a part of Exness Group - an online multi-asset broker founded in 2008. It is recognised as an industry leader. Besides its established markets, it is growing fast in MENA, Africa, and Latin America.<\/p>\n
The disputed domain name <exnesspartner.com> was registered on 24 October 2024 and it is being held by the Respondent since 14 December 2024.<\/p>\n
The domain name website (i.e. website to which the disputed domain name resolves) is currently not genuinely used and it merely displays a message “exnesspartner.com is parked free, courtesy of GoDaddy.com.” and it appears that the disputed domain name is available for sale.<\/p>\n
The Complainant seeks transfer of the disputed domain name to the Complainant.<\/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:<\/strong><\/p>\n A) CONFUSING SIMILARITY<\/p>\n The Complainant states that:<\/p>\n - The disputed domain name contains “EXNESS” word element, and it is thus almost identical (i.e. confusingly similar) to Complainant’s trademarks;<\/p>\n - The addition of the generic term “PARTNER” is not sufficient to escape the finding that the disputed domain name is confusingly similar to the Complainant's trademarks as it does not prevent the likelihood of confusion between the disputed domain name and the Complainant, Complainant's trademarks and its business;<\/p>\n - The Complainant refers to previous domain name decisions in this regard.<\/p>\n Thus, according to the Complainant the confusing similarity between the Complainant’s trademarks and the disputed domain name is clearly established.<\/p>\n <\/p>\n B) NO RIGHTS OR LEGITIMATE INTERESTS<\/p>\n The Complainant states that:<\/p>\n - The Respondent has not been commonly known by the disputed domain name;<\/p>\n - The Complainant has not authorized, permitted or licensed the Respondent to use the Complainant’s trademarks in any manner. The Respondent has no connection or affiliation with the Complainant whatsoever. On this record, the Respondent has not been commonly known by the disputed domain name;<\/p>\n - Furthermore, the disputed domain name website has been during its existence inactive (parking website), which implies that there was no Respondent’s intention to use the disputed domain name for legitimate purposes;<\/p>\n - The Complainant refers to previous domain name decisions in this regard.<\/p>\n <\/p>\n C) BAD FAITH REGISTRATION AND USE<\/p>\n The Complainant states that:<\/p>\n - Seniority of the Complainant's trademarks predates the disputed domain name registration and such trademarks are well known in relevant business circles. The Respondent can be considered to be aware of the Complainant's trademark when registering the disputed domain name due to well-known character thereof;<\/p>\n - The disputed domain name (at the time of filing of the complaint) is not genuinely used. In the light of the foregoing, the Complainant asserts that the disputed domain name was registered and used with the sole purpose of selling thereof to the Complainant;<\/p>\n - It is well-founded that registration of the disputed domain name that is confusingly similar to the Complainant’s trademarks which enjoys a strong reputation, plus other facts, such as above described not genuine use of the disputed domain name (inactive holding) are sufficient to establish bad faith under the 4(a)(iii) of the Policy;<\/p>\n - The Respondent uses a WHOIS masking to hide its identity, making it much more difficult for the Complainant to enforce its intellectual property rights. It is known to block or intentionally delay disclosure of the identity and implies a bad faith element.<\/p>\n - The Complainant refers to previous domain name decisions contending that registering a domain name(s) incorporating Complainant’s trademarks (e.g. <exnesspartners.com>), which enjoy high level of notoriety and well-known character, constitute prima facie registration in bad faith, despite a fact that such domain names are not genuinely used.<\/p>\n <\/p>\n RESPONDENT:<\/strong><\/p>\n The Respondent has not provided any response to the Complaint.<\/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": [
"Jiří Čermák"
],
"date_of_panel_decision": "2025-01-22 00:00:00",
"informal_english_translation": " The Complainant is, inter alia, a registered owner of the following trademark containing a word element \"EXNESS”:<\/p>\n besides other national trademarks consisting of the “EXNESS“ denomination (collectively referred to as \"Complainant's trademarks\").<\/p>\n The Complainant‘s trademarks are registered and used internationally in connection with financial and monetary services.<\/p>\n The Complainant also operates its primary website at www.exness.com and has a substantial online presence through the registration and use of over 770 domain names incorporating the EXNESS name.<\/p>",
"decision_domains": {
"exnesspartner.com": "TRANSFERRED"
},
"panelist": null,
"panellists_text": null
}\n
\n