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.: 00187
Time of Filing: 2006-03-17 11:55:29
Administrative Contact: Tereza Bartošková
 
Complainant
Name: union internationale des transports routiers
 
Complainant's Authorized Representative
Name:
 
Respondent
Name: EURid
 
Respondentt's Authorized Representative
Name:
 
Domain Name(s): TIR
 
Other Legal Proceedings
 
English summary of the decision: English summary of this Decision is hereby attached as Annex 1
 
Factual Background
In the field of international road transport, TIR is an abbreviation for Transport International Routier, a longstanding system for facilitating international trade by enabling commercial vehicles to undergo Customs importation formalities at their destination instead of at borders.


Tirschenreuth is part of Bavaria governed by the Landratsamt Tirschenreuth (the Applicant), a public body.

The Respondent Registry decided to permit  the Applicant to register the domain name TIR during the Sunrise Period (the decision).
 
Parties’ Contentions
  1. Complainant
    The Complainant is committed to ensuring the sustainability of the TIR system, which was created and works in partnership between public and private sectors.  It seeks revocation of the decision on the ground that TIR is an abbreviation, not a geographical denomination.
  2. Respondent
    The Respondent relies on Article 10(3) of Commission Regulation (EC) No 874/2004 of 28 April 2004 (the Regulation), which permits a public body to register either its complete name or an acronym which is generally used, saying the Applicant submitted timely documentary evidence, in the form of a statement from a German Governmental Validation Point, confirming that the acronym TIR is generally used with respect to the Applicant.
 
Discussion and Findings
Where, as here, a challenge is made to a decision of the Registry, the Panel must decide whether it conflicts with the Regulation or with Commission Regulation (EC) No 733/2002.


An acronym is an identifier formed from some of the letters (often but not always the initials) of a phrase and used as an abbreviation. In relation to the phrase Landratsamt Tirschenreuth, the letters TIR constitute an acronym. The Panel is satisfied that the acronym TIR is generally used in relation to the Applicant, a public body, and that accordingly, the decision of the Respondent to permit registration by the Applicant of the domain name TIR during the Sunrise Period on a first-come-first-served basis did not conflict with the Regulation nor with Commission Regulation (EC) No 733/2002.
 
Decision
For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the Complaint is Denied
 
Panelists
  • Alan Lawrence Limbury
Date: 2006-06-21
Annex 1
Tirschenreuth is part of Bavaria governed by the Landratsamt Tirschenreuth (the Applicant), a public body.


The Complainant seeks revocation of the decision of the Respondent Registry to permit the Applicant to register the domain name TIR during the Sunrise Period, on the ground that TIR is an abbreviation, not a geographical denomination.

The Respondent relies on Article 10(3) of Commission Regulation (EC) No 874/2004 of 28 April 2004 (the Regulation), which permits a public body to register either its complete name or an acronym which is generally used, saying the Applicant submitted timely documentary evidence, in the form of a statement from a German Governmental Validation Point, confirming that the acronym TIR is generally used with respect to the Applicant.

An acronym is an identifier formed from some of the letters (often but not always the initials) of a phrase and used as an abbreviation. In relation to the phrase Landratsamt Tirschenreuth, the letters TIR constitute an acronym. The Panel is satisfied that the acronym TIR is generally used in relation to the Applicant, a public body, and that accordingly, the decision of the Respondent to permit registration by the Applicant of the domain name TIR during the Sunrise Period on a first-come-first-served basis did not conflict with the Regulation nor with Commission Regulation (EC) No 733/2002.

The Complaint is denied.