Panel Decision for dispute CAC-ADREU-008490

The Panel is not aware of any other legal proceedings relating to the disputed domain name.

The Complainant is the owner of the trademark CHROOT registered in Romania under number 186913 as of 14 April 2022. The Complainant had registered <chroot.eu> but failed to renew it in time due to an error and it was registered by the Respondent. The Complainant has also registered <chroot.ro>, <chroot.fr> and <chroot.it>.

The Complainant has received an e-mail apparently from someone at Sedo stating: "On behalf of Sedo I am monitoring the negotiations for chroot.eu. I was wondering if I can assist you in acquiring this domain? The last offer from the owner of the domain was 12500 EUR, which is probably still negotiable. I'd be happy to speak to the owner to find out, if they are interested in selling the domain for a price within your budget. Would you be willing to share your budget with me?"

The domain name does not currently locate any web page.

The Complainant contends that the disputed domain name is identical or similar to its registered brand. The Complainant further contends that the domain name can create confusion among consumers and negatively affect its reputation and business, that the Respondent does not have any right to use the Complainant's brand name and that the domain name is being used illegally and without the Complainant's permission.

The Complainant observes that according to the terms and conditions of registering domain names, registering a domain name speculatively and contrary to public interest and morality is forbidden.

The Respondent has not submitted any response to the Complaint.

The Panel finds that the disputed domain name is identical to a mark in which the Complainant has a registered right under the law of Romania, an EU Member State. The Panel further finds that the disputed domain name has been registered by the Respondent without any rights or legitimate interests and also in bad faith. The disputed domain name does not correspond to the Respondent’s name and it appears that the Respondent has not made any active use of it or of any corresponding name for any offering of goods or services or any other fair or legitimate use. Moreover, the circumstances indicate that it was registered for the purpose of sale to the Complainant. The Respondent has not answered the Complainant’s evidence that it was previously registered by the Complainant, but its registration lapsed, and the Complainant was invited to pay a substantial sum to recover it.

The Complainant satisfies the eligibility criteria to register a .eu domain since it is an undertaking established in the EU.

For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name <chroot.eu> be transferred to the Complainant.