Panel Decision for dispute CAC-ADREU-008894

The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.

The Complainant is an Albanian company with registered office in Shkozet, Albania. The Complainant owns rights over the company name "Sleep Industry" dating back to 4 December 2017.

The Respondent is an individual with address in Padua, Italy. The disputed domain name was registered on 26 April 2023.

Firstly, the Complainant maintains that the disputed domain name is identical to its Albanian company name and trade name "Sleep Industry".

Secondly, the Complainant maintains that the Respondent acquired the disputed domain name for use in connection with the Complainant's business activities while the Respondent was a shareholder and director of the Complainant. However, the Respondent has since sold his shares to the other shareholders and no longer serves as the director of the company. Therefore, the Respondent lacks any rights or legitimate interest in the disputed domain name. Accordingly, the Respondent is not commonly known by the disputed domain name and is not making any legitimate or fair use of it.

Thirdly, the Complainant contends that the Respondent's behavior constitutes bad faith as the Respondent is intentionally disrupting the Complainant's professional activities after leaving the company. The Respondent is effectively holding the disputed domain name hostage. Having left the company, the Respondent has no good faith-basis to retain control over its primary digital asset. The continued retention of the disputed domain name is causing consumer confusion, as it suggests an affiliation with the company of which the Respondent is no longer part.

For the aforementioned reasons, the Complainant requests the Panel to order the transfer of the disputed domain name to the Complainant. 

The Respondent did not file a Response. 

Pursuant to Para. 11 (d) of the .EU Alternative Dispute Resolution Rules (hereinafter, the "ADR Rules"), in order to grant the remedies requested by the Complainant under the Procedural Rules, the Complainant shall prove, inter alia, that the disputed domain name "is identical or confusingly similar to a name in respect of which a right is recognized or stablished by the national law of a Member State and/or European law (…)".

The Panel notes that in these proceedings the Complainant relies on an Albanian company name and trade name. However, Albania is not an EU Member State. Accordingly, the Respondent fails to satisfy the first requirement under the ADR Rules.

It is therefore unnecessary for the Panel to assess whether the Respondent has rights or legitimate interests in the disputed domain name, or whether the disputed domain name was registered or is being used in bad faith.  

For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Complaint is Denied. The Panel nevertheless observes that the Complainant was filed without legal representation and that its overall preparation reveals an insufficient understanding of the remedies available to a non-EU-based complainant in a ".EU" ADR proceeding, as well as of the burden of proof and of the arguments and evidence required to meet the standard set out in Para. 11 (d) of the ADR Rules. Accordingly, and given that the Panel has not examined the merits of the case, the Complaint is denied without prejudice to the Complainant's right to refile the Complaint on the basis of a valid right within the meaning of Para. 11(d) of the ADR Rules.