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.: 08090 Time of Filing: 2020-12-29 12:01:14 Administrative Contact: CAC, Bc. Denisa Říhová Complainant Name: CENTRO INTERNACIONAL DE INNOVACIÓN CONTINUA, MS MARÍA CAMPOS FERNÁNDEZ Complainant's Authorized Representative Name: DIGITORIUM, MR RUBEN MARANO Respondent Name: Maxim Filippov Respondent's Authorized Representative Name: Domain Name(s): CIIC.EU Other Legal Proceedings English summary of the decision: English summary of this Decision is hereby attached as Annex 1 Factual Background
The disputed domain name <ciic.eu> was used by the Complainant up to 16/04/2020 when the disputed domain name was inadvertently allowed to expire. Upon expiration disputed domain name was registered by the Respondent.
The Complainants state that the domain name is identical or confusingly similar to a trademark or service mark in which Complainants have rights, that Respondent has no rights or legitimate interests in respect of the domain name, and that the domain name was registered and is being used in bad faith.
Requested remedy by the Complainants is to transfer the disputed domain name <ciic.eu> to the Complainants.Parties’ Contentions
The disputed domain name is incorporated in its entirety in the Complainant’s trade names, and therefore identical or confusingly similar to Complainant’s trademark. The Respondent is not affiliated with the Complainants, nor authorized by them in any way to use the contested expression in a domain name or on a website. The Complainants do not carry out any activity for, nor have any business with the Respondent. The Respondent registered the disputed domain name by himself and used it to host a website with adult content, and later put the domain name up for sale.
By doing so, Respondent acted in bad faith and his actions have resulted in depreciating the Complainants’ trade names and tarnishing their good name.
The Complainants request the disputed domain name <ciic.eu> to be transferred to the Complainants.Discussion and Findings
(i) The domain name is identical or confusingly similar to a name in respect of which a right is recognized or established by the national law of a Member State and/or European Union law and; either
(ii) The domain name has been registered by the Respondent without rights or legitimate interest in the name; or
(iii) The domain name has been registered or is being used in bad faith.
After examining all the documents provided with the Complaint, the Complaint itself and the Response the Panel has determined that the disputed domain name <ciic.eu> is identical to the Spanish language acronym for Complainant’s name; CENTRO INTERNACIONAL DE INNOVACION CONTINUA where the suffix “.eu” may be disregarded in the determination of identity or confusing similarity. Furthermore, above mentioned acronym is validly registered as a trade name in Class 41 of Nice Classification (Education, Organization of Educational Congresses) and the holder of the trade name is Complainant Ms. María Campos Fernández who is current president of CIIC. Complainants have proven that the disputed domain name was acquired, paid and used by them from year 2015. up to 16/04/2020. There is no evidence that the disputed domain name was led to expire intentionally. As an example, the Complainants have provided eight web page URL’s that link to the disputed domain name leading the Panel to conclusion that the Complainant CIIC is well known, considered and respected entity in its field of work under the disputed domain name.
The Respondent has not provided any information or proof that he has legitimate interest in respect of the disputed domain name. On contrary, the Respondent has agreed to transfer the disputed domain name to the Complainants. The Respondent has never been commonly known by the disputed domain name. The Complainants stated that they are in no way affiliated with the Respondent, that the Respondent isn’t in any way authorized by them or carries any activity for them. From the effort taken by the Complainants with the EURid to disclose the identity of the Respondent this Panel finds the statements of the Complainants true and therefore determines that the domain name has been registered by the Respondent without rights or legitimate interest in the name.
The Complainants have proven that the Respondent has used the disputed domain name to host a web page with adult content and after put the domain name up for sale. From this behaviour of the Respondent the Panel has determined that the domain name has been registered and is being used in bad faith causing damage to the Complainants’ reputation due to the fact that many pages still link to the disputed domain name.
In accordance with stated above the Panel finds that the Complainants have proved the requirements from paragraph B11(d)(1) of the Rules in order to rule in their favor.
The Complainants have requested that the Panel transfers the disputed domain name to them. In order to do so, the Complainants have to satisfy the general criteria for registration set out in § 4 (2) (b) of Regulation (EC) No. 733/2002 as amended by articles 20 and 22 of the Regulation (EU) 2019/517. The Panel finds that the above mentioned criteria is met due to the fact that the Complainant CIIC is an undertaking that is established in Spain, which country is member of the Union.Decision
This decision shall be implemented by the Registry within 30 (thirty) days after the notification of the decision to the Parties.Panelists
- Law office Tuškan, Branimir Tuškan
Date: 2021-02-11 Annex 1
II. Country of the Complainant: Spain, country of the Respondent: Norway
III. Date of registration of the domain name: 27 May 2020
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 Spain, reg. No. N0365146(0), for the term CIIC, filed on 08 March 2016, registered on 28 March 2016 in respect of goods and services in class 41
2. combined trademark registered in Spain, reg. No. N0367247(6), for the term CIIC, filed on 07 June 2016, registered on 28 October 2016 in respect of goods and services in class41
12. other: CIIC - acronym for CENTRO INTERNACIONAL DE INNOVACION CONTINUA
V. Response submitted: Yes
VI. Domain name is identical to the protected rights of the Complainant
VII. Rights or legitimate interests of the Respondent (Art. 21 (2) Regulation (EC) No 874/2004):
1. No
2. Why: None claimed by the Respondent nor found by the Panel in presented documents
VIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874/2004):
1. Yes
2. Why: Respondent used the disputed domain name to attract visitors to the web page with adult content and after put the domain name up for sale
IX. Other substantial facts the Panel considers relevant: None
X. Dispute Result:Transfer of the disputed domain name
XI. Procedural factors the Panel considers relevant: None
XII. [If transfer to Complainant] Is Complainant eligible? Yes