Case number | CAC-ADREU-004678 |
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Time of filing | 2007-09-06 09:41:32 |
Domain names | bano.eu |
Case administrator
Name | Josef Herian |
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Complainant
Organization / Name | josef bano |
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Respondent
Organization / Name | Bernadette Selim Abou Zakhm |
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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
None of which the Panel is aware.
Factual Background
Since January 18, 1985 the Complainant, Josef Bano, has been the registered proprietor of Austrian trade mark BANO, No. 107980 and since February 12, the registered proprietor of International trade mark BANO, No. 916 491 for cosmetics in class 3 and pharmaceuticals in class 5. In December 2005 the Complainant applied to register the domain name BANO but because of a formal mistake his application was denied. See case number 03141.
The domain name BANO was registered by the Respondent on February 13, 2007.
On September 3, 2007, the Complainant filed this Complaint in German with the Czech Arbitration Court (‘CAC’). An Amended Complaint in English was filed on September 11, 2007.
After the verification of formal requirements of the .eu Alternative Dispute Resolution Rules (“ADR-Rules”) and the CAC Supplemental ADR Rules, CAC formally notified the Respondent of the Complaint in accordance with the ADR-Rules, paragraph B2 and the proceedings commenced on September 18, 2007. In accordance with Article B 3(a) of the ADR-Rules, the due date for Response was October 30, 2007.
No Response was filed.
On November 16, 2007, having received the Statement of Acceptance and Declaration of Impartiality, the CAC appointed Alan Lawrence Limbury as sole Panelist, in accordance with the ADR-Rules, Paragraph B4(b).
On November 21, 2007 the Respondent, in a Nonstandard Communication, consented to the transfer of the domain name to the Complainant.
The domain name BANO was registered by the Respondent on February 13, 2007.
On September 3, 2007, the Complainant filed this Complaint in German with the Czech Arbitration Court (‘CAC’). An Amended Complaint in English was filed on September 11, 2007.
After the verification of formal requirements of the .eu Alternative Dispute Resolution Rules (“ADR-Rules”) and the CAC Supplemental ADR Rules, CAC formally notified the Respondent of the Complaint in accordance with the ADR-Rules, paragraph B2 and the proceedings commenced on September 18, 2007. In accordance with Article B 3(a) of the ADR-Rules, the due date for Response was October 30, 2007.
No Response was filed.
On November 16, 2007, having received the Statement of Acceptance and Declaration of Impartiality, the CAC appointed Alan Lawrence Limbury as sole Panelist, in accordance with the ADR-Rules, Paragraph B4(b).
On November 21, 2007 the Respondent, in a Nonstandard Communication, consented to the transfer of the domain name to the Complainant.
A. Complainant
The Complainant claims to be entitled to the domain name BANO and seeks its transfer to him by virtue of his trade mark registrations.
The Complainant says the Respondent most probably does not own any rights in the name BANO, which may have been registered in bad faith because it has not been used.
The Complainant says the Respondent most probably does not own any rights in the name BANO, which may have been registered in bad faith because it has not been used.
B. Respondent
The Respondent consents to the transfer of the domain name to the Complainant.
Discussion and Findings
Having regard to the Respondent's consent to transfer, the Panel has considered only whether the Complainant is eligible to hold the domain name. The Panel finds that the Complainant satisfies the general eligibility criteria for registration set out in Paragraph 4(2)(b) of 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 domain name BANO be transferred to the Complainant
PANELISTS
Name | Alan Lawrence Limbury |
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Date of Panel Decision
2007-11-28