Case number | CAC-ADREU-003202 |
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Time of filing | 2006-10-02 10:38:10 |
Domain names | studienkreis.eu |
Case administrator
Name | Josef Herian |
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Complainant
Organization / Name | Studienkreis GmbH, F. Dahlmanns |
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Respondent
Organization / Name | Cervos Enterprises Ltd., Andreas Constantinou |
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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 of which the panel is aware that are pending or decided and that are related to the disputed domain name.
Factual Background
1. The Complainant is Studienkreis GmbH, a company registered and based in the Federal Republic of Germany. The Complainant operates a business mainly for educational purposes. The Complainant furthermore has over 1000 subidiaries and/or franchisees within the territory of the EU.
2. The Complainant is, and has been for several years, the proprietor of numerous trademark registrations for the word "Studienkreis", including, among others, registrations in Germany, Austria, Benelux, Italy, Czech Republic, Spain and France.
3. Further, the Complainant holds 456 domain names containing the word "Studienkreis".
4. The Respondent has not responded to the Compaint.
2. The Complainant is, and has been for several years, the proprietor of numerous trademark registrations for the word "Studienkreis", including, among others, registrations in Germany, Austria, Benelux, Italy, Czech Republic, Spain and France.
3. Further, the Complainant holds 456 domain names containing the word "Studienkreis".
4. The Respondent has not responded to the Compaint.
A. Complainant
The Complainant contends as follows:
(a) The Complaint is based on Art. 21 (1) a) and b) of the Regulation (CR EC 874/2004).
(b) The domain name in issue is identical and/or confusingly similar to trademarks registered with the Complainant.
(c) Complainant believes that the domain name was registered without legitimate interest in the domain name (reference to Art. 21 (1) (a) of the Regulation).
(d) Because of the well-known trademark "Studienkreis" of the Complainant, it is not possible to use the domain name in issue without any deception of the consumer.
(e) The contested domain name points to a website generated by the Company "Sedo Parking". This is a domain name parking service where the Registrant will participate with a fixed amount on each click on the presented links on the website. No services or products which refer to "Studienkreis" are offered by the Registrant.
(f) The Registrant does not use the term "Studienkreis" as his company name. Complainant also searched for further rights and/or legitimate interest and asserts that rights or legitimate interest according to Art. 21 (2) of the Regulation could not be found.
(a) The Complaint is based on Art. 21 (1) a) and b) of the Regulation (CR EC 874/2004).
(b) The domain name in issue is identical and/or confusingly similar to trademarks registered with the Complainant.
(c) Complainant believes that the domain name was registered without legitimate interest in the domain name (reference to Art. 21 (1) (a) of the Regulation).
(d) Because of the well-known trademark "Studienkreis" of the Complainant, it is not possible to use the domain name in issue without any deception of the consumer.
(e) The contested domain name points to a website generated by the Company "Sedo Parking". This is a domain name parking service where the Registrant will participate with a fixed amount on each click on the presented links on the website. No services or products which refer to "Studienkreis" are offered by the Registrant.
(f) The Registrant does not use the term "Studienkreis" as his company name. Complainant also searched for further rights and/or legitimate interest and asserts that rights or legitimate interest according to Art. 21 (2) of the Regulation could not be found.
B. Respondent
The Respondent has not responded to the Compaint.
Discussion and Findings
1. To succeed in its Complaint, the Complainant must show that the requirements of Article 21(1) of the Regulation have been complied with. That paragraph reads as follows:
" A registered domain name shall be subject to revocation, using an appropriate extra-judicial or judicial procedure, where that name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and/or Community law, such as the rights mentioned in Article 10(1), and where it:
(a) has been registered by its holder without rights or legitimate interest in the name; or
(b) has been registered or is being used in bad faith."
2. Paragraph B.10(a) of the ADR rules provides that:
In the event that a Party does not comply with any of the time periods established by these ADR Rules or the Panel, the Panel shall proceed to a decision on the Complaint and may consider this failure to comply as grounds to accept the claims of the other Party.
3. However, this does not mean that the Complainant is entitled to a default judgment in a case, such as this, where no Response is filed. As paragraph B.11(d) of the ADR Rules makes clear, it is for the Complainant to prove that the requirements of Article 21(1) of the Regulation are satisfied.
4. The panel therefore deals with each of the three constituent parts of Article 21(1) of the Regulation in turn:
IDENTICAL OR CONFUSINGLY SIMILAR DOMAIN NAME
5. The Complainant has asserted that it is the proprietor of (and has provided details of) numerous registered trademarks in the name STUDIENKREIS. The Complainant is furthermore proprietor of numerous domain names containing the word STUDIENKREIS.
These assertions are not contradicted by the Respondent.
The Complainant has, therefore, satisfied the requirements of the first paragraph of Article 21(1).
NO RIGHTS OR LEGITIMATE INTERESTS
6. The Complainant has provided a description of the use of the relevant name and the domain name by the respondent; and expressly asserted that in the circumstances described the respondent has no legitimate interest in the name. Therefore, the Complainat has - prima facie - proven that the Respondent has no rights or legitimate interests in the domain name in issue.
These assertions are not contradicted by the Respondent.
In the absence of any submission on the issue from the Respondent, the Complainant has therefore satisfied the requirements of Article 21(1)(a). Because Complainant needs to show either
- a lack of rights or legitimate interest on the part of the Respondent
OR
- bad faith registration or use and given the finding on rights and legitimate interests set out above it is not necessary in this case to go on to consider the Complainant’s assertions in relation to bad faith registration or use.
" A registered domain name shall be subject to revocation, using an appropriate extra-judicial or judicial procedure, where that name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and/or Community law, such as the rights mentioned in Article 10(1), and where it:
(a) has been registered by its holder without rights or legitimate interest in the name; or
(b) has been registered or is being used in bad faith."
2. Paragraph B.10(a) of the ADR rules provides that:
In the event that a Party does not comply with any of the time periods established by these ADR Rules or the Panel, the Panel shall proceed to a decision on the Complaint and may consider this failure to comply as grounds to accept the claims of the other Party.
3. However, this does not mean that the Complainant is entitled to a default judgment in a case, such as this, where no Response is filed. As paragraph B.11(d) of the ADR Rules makes clear, it is for the Complainant to prove that the requirements of Article 21(1) of the Regulation are satisfied.
4. The panel therefore deals with each of the three constituent parts of Article 21(1) of the Regulation in turn:
IDENTICAL OR CONFUSINGLY SIMILAR DOMAIN NAME
5. The Complainant has asserted that it is the proprietor of (and has provided details of) numerous registered trademarks in the name STUDIENKREIS. The Complainant is furthermore proprietor of numerous domain names containing the word STUDIENKREIS.
These assertions are not contradicted by the Respondent.
The Complainant has, therefore, satisfied the requirements of the first paragraph of Article 21(1).
NO RIGHTS OR LEGITIMATE INTERESTS
6. The Complainant has provided a description of the use of the relevant name and the domain name by the respondent; and expressly asserted that in the circumstances described the respondent has no legitimate interest in the name. Therefore, the Complainat has - prima facie - proven that the Respondent has no rights or legitimate interests in the domain name in issue.
These assertions are not contradicted by the Respondent.
In the absence of any submission on the issue from the Respondent, the Complainant has therefore satisfied the requirements of Article 21(1)(a). Because Complainant needs to show either
- a lack of rights or legitimate interest on the part of the Respondent
OR
- bad faith registration or use and given the finding on rights and legitimate interests set out above it is not necessary in this case to go on to consider the Complainant’s assertions in relation to bad faith registration or use.
Decision
For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that
the domain name STUDIENKREIS be transferred to the Complainant
the domain name STUDIENKREIS be transferred to the Complainant
PANELISTS
Name | Friedrich Kurz |
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Date of Panel Decision
2006-12-11