Logged on as Anonymous
ADR Center for .eu attached to the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic (Czech Arbitration Court)
Panel Decision
§ B12 of the .eu Dispute Resolution Rules (ADR Rules)
Case No.: 06418 Time of Filing: 2013-01-25 11:13:52 Administrative Contact: Lada Válková Complainant Name: Oasis Group, Claire Gallagher Complainant's Authorized Representative Name: Respondent Name: Prosalis, T J Whelan Respondent's Authorized Representative Name: Domain Name(s): OASISGROUP Other Legal Proceedings English summary of the decision: English summary of this Decision is hereby attached as Annex 1 Factual Background
The Respondent, Prosalis, also of Dublin, Ireland is a service provider that offers various services within the it-sector such as managed services.
After the notification of the Complaint to the Respondent, both the Respondent and the Complainant have filed additional submissions ("non-standard communications") and the Panel has decided to accept them and thus take them into consideration when making its decision.Parties’ Contentions
In mid 2011, Prosalis was replaced as an IT provider to Oasis Group. Since then, Prosalis has refused to authorise transfer requests for oasisgroup.eu and has not responded to correspondence, emails or phone calls. Numerous transfer requests have been made and each of them has expired without Prosalis authorising it.
The specific complaint is that Prosalis registered the domain oasisgroup.eu on behalf of Oasis Group, it does not have any claim to ownership of the domain, and there is no reason why it should not authorise the transfer of the domain name to the Complainant´s registrar as has been requested.Discussion and Findings
In this letter it is said:
"Following discussion between our companies, it has been mutually acknowledged and agreed that Oasis Group has been and is the rightful owner of the domain oasisgroup.eu.
Both parties want the ADR to take this agreement into account when you decide on the case and to order the transfer of oasisgroup.eu to Oasis Group."
On this background and since a decision on the merits of the case would have been properly within the ADR policy and rules, the Panel has no reluctance to order the transfer of the disputed domain name to the Complainant. See to this effect the Panel Decision in Case 05776 RUSSELLATHLETIC.Decision
the domain name OASISGROUP.EU be transferred to the Complainant.Panelists
- Knud Wallberg
Date: 2013-05-23 Annex 1
II. Country of the Complainant: IRELAND, country of the Respondent: IRELAND
III. Date of registration of the domain name: 30 OCTOBER 2006
IV. Rights relied on by the Complainant (Art. 21 (1) Regulation (EC) No 874/2004) on which the Panel based its decision:
1. Combined trademark registered in EU, reg. No. 009960873, for the term OASIS GROUP OF COMPANIES, filed on 11 September 2011, registered on 15 November 2011 in respect of goods and services in classes 6, 16, 20, 35, 39, 40 and 42.
V. Response submitted: Yes
VI. Domain name is confusingly similar to the protected right of the Complainant.
VII. Rights or legitimate interests of the Respondent (Art. 21 (2) Regulation (EC) No 874/2004):
Not discussed (see below).
VIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874/2004):
Not discussed (see below).
IX. Other substantial facts the Panel considers relevant:
The parties filed a declaration in which they agreed that the domain name had been registered on behalf of the Complainant and should be transferred to the Complainant.
X. Dispute Result: Transfer of the disputed domain name
XI. Procedural factors the Panel considers relevant: None
XII. Is Complainant eligible? Yes