ADR Center for .eu attached to the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic (Czech Arbitration Court)

Panel Decision

§ B12 of the .eu Dispute Resolution Rules (ADR Rules)

Case No.: 01036
Time of Filing: 2006-04-28 10:14:45
Administrative Contact: Josef Herian
 
Complainant
Name: Suomen Osuuskauppojen Keskuskunta
 
Complainant's Authorized Representative
Name: Sanna Aspola, c/o Berggren Oy Ab, European Trademark Attorney, LL.M. Sanna Aspola
 
Respondent
Name: Minerva GmbH Consulting, Ilka Wormer
 
Respondent's Authorized Representative
Name:
 
Domain Name(s): ABC
 
Other Legal Proceedings
The Panel is not aware of any pending legal proceedings relating to the disputed domain name.
 
English summary of the decision: English summary of this Decision is hereby attached as Annex 1
 
Factual Background
 
Parties’ Contentions
  1. Complainant
    The Complainant, Suomen Osuuskauppojen Keskuskunta (hereinafter also SOK), is a Finnish cooperative company and is the owner of the Finnish Trademark Registration no. 231958 for the mark “ABC” in classes in classes 35 for “retail services for fuels”, 39 for “distribution services for fuels” and 43 for “café and restaurant services offered with traffic store activity”.
  2. Respondent
    The Respondent, Minerva GmbH Consulting, owns the Benelux Trademark Registration no. 0776149 registered on November 7, 2005 for “incense” (class3). The Respondent applied for the domain name “abc.eu” on 7 December 2005.
 
Discussion and Findings
On April 26, 2006 the Complainant filed a complaint requesting the transfer of the disputed domain name to the Complainant. 


On August 6 in accordance to Paragraph 2 (k) of the ADR Rules the Panel issued the following order:  “Pursuant to Paragrah § B7 (a) of the ADR Rules the Panel herein would like to receive from EURID, within the shortest possible time, the full list of the domain names registered by the Respondent in the present case during the phase 1 of the Sunrise, together with the PDF version of the corresponding supporting trademark registrations”.  

On August 29 EURID addressed to the Panel the information requested as received from EURID on August 28.

On August 30, 2006 the Complainant requested the Panel to suspend the ADR Proceeding until September 18, 2006 since the parties wished to initiate settlement negotiations.

On September 18, 2006 the Panel has been informed that the parties amicably settled the dispute. According to the agreement signed on September 9, 2006, the parties agreed “to settle the ADR Proceedings and have the domain name abc.eu assigned to SOK”.

On September 21, 2006, a formal confirmation of the settlement of the ADR Proceedings was requested to the Respondent. On the same day the Respondent confirmed to the Czech Arbitration Court that the parties had reached an agreement.
 
Decision
In light of the above, pursuant to the article 4 (a) of the “ADR Rules” stating that “the ADR Proceeding will be understood to be concluded once the Panel has received confirmation from both Parties that an agreement has been entered into by the Parties concerning the object of the dispute”, the Panel herein acknowledges that the ADR Procedure is terminated.
 
Panelists
  • Luca Barbero
Date: 2006-10-25
Annex 1
The Complainant Suomen Osuuskauppojen Keskuskunta  and the Respondent Minerva GmbH Consulting - after having filed the ADR proceeding - decided to resolve the dispute entering into a settlement agreement which was independently confirmed by both parties.


The Panel, pursuant to Article 4 (a) of the ADR Rules, acknowledges that the ADR Procedure is terminated.