Case number | CAC-ADREU-003116 |
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Time of filing | 2006-09-26 11:09:50 |
Domain names | schein.eu |
Case administrator
Name | Josef Herian |
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Complainant
Organization / Name | Henry Schein, Inc., . |
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Respondent
Organization / Name | EURid |
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Insert information about other legal proceedings the Panel is aware of which are pending or decided and which relate to the disputed domain name
There are no other legal proceedings.
Factual Background
The Complainant requested annulment of the registration of the domain name “schein.eu”, which was registered for the Applicant, the company “Schein Orthopaedie Service KG". The domain name was registered in the Sunrise Period on the basis of the Applicant’s company name.
A. Complainant
The Complainant contends that the disputed domain name “schein.eu” was registered contrary to the Article 10(2) of the Commission Regulation (EC) No. 874/2004, of 28 April 2004, because the disputed domain name does not correspond to the company name, which was the basis for the registration of the domain name in the Sunrise Period.
B. Respondent
The Respondent agrees that there was no legal basis for the registration of the disputed domain name on behalf of the Applicant in the Sunrise Period.
Discussion and Findings
The Commission Regulation (EC) No 874/2004 in Article 10(2) provides that the registration of the domain name in the Sunrise Period on the basis of a prior right shall consist of the complete name for which the prior right exists, as written in the documentation which proves that such a right exists.
The Panel agrees with the Parties that the Applicant’s company name, which was the sole basis for the registration of the disputed domain name, cannot be a basis for the registration of the disputed domain name in the Sunrise Period. The Applicant’s company name, trade mark or other basis for registration of the domain name has to completely correspond to the domain name for which the application was made. The only exceptions in this respect are provided in Article 10(3) and are applicable for public bodies, not for private companies.
In this case the Applicant’s company name (Schein Orthopaedie Service) does not correspond to the disputed domain name (Schein). The Regulation is clear and cannot be construed so that would allow the registration of disputed domain name on the basis of Applicant’s company name.
The registration of the domain name was therefore not made according to the Article 10(2) of the Commission Regulation (EC) No 874/2004 and has to be annulled.
The Panel agrees with the Parties that the Applicant’s company name, which was the sole basis for the registration of the disputed domain name, cannot be a basis for the registration of the disputed domain name in the Sunrise Period. The Applicant’s company name, trade mark or other basis for registration of the domain name has to completely correspond to the domain name for which the application was made. The only exceptions in this respect are provided in Article 10(3) and are applicable for public bodies, not for private companies.
In this case the Applicant’s company name (Schein Orthopaedie Service) does not correspond to the disputed domain name (Schein). The Regulation is clear and cannot be construed so that would allow the registration of disputed domain name on the basis of Applicant’s company name.
The registration of the domain name was therefore not made according to the Article 10(2) of the Commission Regulation (EC) No 874/2004 and has to be annulled.
Decision
For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the EURID's decision be annulled.
PANELISTS
Name | Blaz Mrva |
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Date of Panel Decision
2006-12-18