{
    "case_number": "CAC-UDRP-108527",
    "time_of_filling": "2026-03-27 08:38:09",
    "domain_names": [
        "totalxmex.com"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "TotalEnergies SE "
    ],
    "complainant_representative": "FRANCK CASO (IN CONCRETO)",
    "respondent": [
        "Johannes  Scheinecker"
    ],
    "respondent_representative": null,
    "factual_background": "<p>FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:<\/p>\n<p>The Complainant is a prominent French multinational integrated energy company, present in over 120 countries, which produces and markets energies on a global scale, including oil and biofuels, natural gas and green gases, renewables, and electricity. The Complainant has a large presence in South America, and notably in Mexico, since 1982, where it employs more than 6,600 employees and operates around 230 service stations. The Complainant engages in significant advertising and communications and is ranked 106th in Brand Finance&rsquo;s Global 500 2025 annual report on the world&rsquo;s most valuable and strongest brands.<\/p>\n<p>The Complainant is the owner of a large, worldwide trademark portfolio which includes registered trademarks for the mark TOTAL and the mark TOTAL MEXICO, as noted in the Identification of Rights section above. The Complainant is also the owner, among others, of the domain names &lt;total.com&gt;, registered since December 31, 1996 and &lt;totalenergies.mx&gt; registered since February 1, 2021, the latter of which is used as the location for the Complainant&rsquo;s official Mexican website.<\/p>\n<p>According to the corresponding record, the disputed domain name &lt;totalxmex.com&gt; was registered on February 18, 2026. The disputed domain name does not point to an active website but is configured for e-mail. On February 18, 2026, the disputed domain name was used to send a phishing e-mail to certain partners of the Complainant. The said e-mail falsely bore to be signed by, and addressed from, a current employee of the Complainant and included the Complainant&rsquo;s current logo. The subject line of said e-mail was &ldquo;TotalEnergies M&eacute;xico, S.A. de C.V.&rdquo; which is very close to the official name of the Complainant&rsquo;s Mexican subsidiary &ldquo;Total Energies Marketing M&eacute;xico, S.A. de C.V.&rdquo; A password protected electronic document entitled &ldquo;TotalEnergies Mexico&rdquo; was attached to said e-mail.<\/p>",
    "other_legal_proceedings": "<p>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": "<p>Complainant:<\/p>\n<p>The disputed domain name reproduces the Complainant&rsquo;s TOTAL mark in its entirety with no alteration, The addition of &ldquo;xmex&rdquo;, when combined with &ldquo;total&rdquo;, directly refers to one of the Complainant&rsquo;s territories which is Mexico. The Complainant contends that &ldquo;mex&rdquo; is related to Mexico and the first letter &ldquo;x&rdquo; is a universal symbol for &ldquo;and&rdquo;, therefore the domain name will therefore be understood as &ldquo;total and Mexico&rdquo;, thus, the Internet user could legitimately believe that the disputed domain name is one of the dedicated websites of the Complainant for Mexico.<\/p>\n<p>The disputed domain name also reproduces in its entirety the Complainant&rsquo;s domain name &lt;total.com&gt; and is very close to the domain name of the Complainant&rsquo;s Mexican website, &lt;totalenergies.mx&gt;.<\/p>\n<p>The Complainant has not licensed the Respondent to use its trademarks or domain names, nor has it allowed the Respondent to reserve or use domain names incorporating the Complainant&rsquo;s rights. The Respondent has used the disputed domain name in a fraudulent scheme to impersonate the Complainant and its employee. Such use can never confer rights or legitimate interests upon the Respondent and is neither a bona fide offering of goods or services nor a legitimate noncommercial or fair use under the Policy.<\/p>\n<p>The bad faith of the Respondent may be presumed due to the worldwide reputation and fame of the Complainant in its industrial field, such that the Respondent could not have overlooked the existence of the Complainant&rsquo;s trademarks when it registered the disputed domain name. The Respondent used the Complainant&rsquo;s trademarks, logo, and employee&rsquo;s name to send fraudulent e-mails, demonstrating prior knowledge of the Complainant and its rights.<\/p>\n<p>Respondent:<\/p>\n<p>No administratively compliant Response has been filed.<\/p>",
    "rights": "<p>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": "<p>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": "<p>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": "<p>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": [
        "Andrew Lothian"
    ],
    "date_of_panel_decision": "2026-04-22 00:00:00",
    "informal_english_translation": "<p>Among others, the Complainant owns the following registered trademarks:<\/p>\n<p>France Registered Trademark Number 1540708 for the mark TOTAL, registered on December 5, 1988 in Classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33, and 34; and<\/p>\n<p>Mexico Registered Trademark Number 854252 for the mark TOTAL MEXICO, registered on October 1, 2004 in Class 4.<\/p>",
    "decision_domains": {
        "totalxmex.com": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}