{ "case_number": "CAC-ADREU-006220", "time_of_filling": null, "domain_names": [ "" ], "case_administrator": "Tereza Bartošková (Case admin)", "complainant": [ "David Taylor (Microsoft B.V.)" ], "complainant_representative": null, "respondent": [ "Peter Schmid (Unknown)" ], "respondent_representative": null, "factual_background": "The Complainant is Microsoft B.V., a company based in the Netherlands. It is a subsidiary of Microsoft Corporation (\"Microsoft\"), an American company with offices based in Redmond (State of Washington, USA). The Complainant is a non-exclusive licensee of various Trade Marks in Europe registered by Microsoft and is entitled, by virtue of said license to institute all appropriate proceedings to enforce such license and preserve its parent's trade mark rights.\r\n\r\nIn making this Complaint, the Complainant relies on the Community Trade Marks held by Microsoft, which consist of the terms MICROSOFT and ZUNE, including:\r\n\r\n•\tMICROSOFT n°000330910, filed on 22 July 1996 for classes 35, 41 and 42; \r\n•\tMICROSOFT n°000479956 filed on 4 March 1997 for class 9; \r\n•\tMICROSOFT n°000530253 filed on 2 May 1997 for classes 9, 16, 25, 38, 41 and 42; \r\n•\tMICROSOFT n°002850634 filed on 13 September 2002 for class 25; \r\n•\tMICROSOFT n°003212198 filed on 4 June 2003 for classes 36, 37 and 40; \r\n•\tMICROSOFT n°003500824 filed on 21 November 2003 for class 16; and\r\n•\tZUNE n°005260211 filed on 16 August 2006 for classes 9, 16,25, 28, 35, 38, 41.\r\n\r\nMicrosoft has registered domain names worldwide including , , , , , and , , , , , , , and . \r\n\r\nUnder the European extension, .EU, Microsoft has registered various domain names including and . Under the French extension .FR, Microsoft has registered and . \r\n\r\nThe Respondent is Peter Schmid. The Respondent has not participated in these proceedings, and all that is known is that the registrant gave an address in France.", "other_legal_proceedings": "", "discussion_and_findings": "The Panel finds that:\r\n\r\n1. The Complainant is the non-exclusive licensee of various Trade Marks in Europe registered by Microsoft and is entitled, by virtue of said license to institute all appropriate proceedings to enforce such license and preserve its parent's trade mark rights.\r\n\r\n2. The Complainant is entitled to rely upon the Community Trade Marks held by Microsoft, which consist of the terms MICROSOFT and ZUNE, and reproduced to the satisfaction of the Panel. Furher the Complainant is entitled to rely upon registered domain names including and .and and . The term MICROSOFT has achieved the status of a well-known trade mark. \r\n\r\n3. The Disputed Domain Name is confusingly similar to the Complainant's Trade Marks and business names, which are recognized or established by the national law of a Member State and\/or Community law. In this regard, the Panel finds as a fact that the Disputed Domain Name fully incorporates both the Complainant's MICROSOFT and ZUNE Trade Marks protected under national and\/or Community law as required by the ADR Rules. The Disputed Domain Name is simply composed of the juxtaposition of the terms MICROSOFT and ZUNE. While it is not identical to one particular Trade Mark, it simply reproduces identically two of the Complainant's Trade Marks and is therefore confusingly similar to both the MICROSOFT and ZUNE Trade Marks. \r\n\r\n4. The domain name has been registered by the Respondent without rights or legitimate interest in the name. The Panel accepts as a fact that (a) the Respondent has no Community or International trade mark rights in either of the terms MICROSOFT or ZUNE, and is not authorised or licensed to use the Complainant's trade marks; (b) The Respondent does not have any connection with any of these business lawfully using the name ZUNE; (c) the Disputed Domain Name was registered by the Respondent only two days after the Zune brand of products and services was launched by Microsoft with the unchallenged intent to benefit from such announcement by using the domain name for wrongful purposes, with no intention to provide any legitimate offering of goods or services. \r\n\r\n5. The domain name has been registered in bad faith. The Panel is persuaded on the basis that the Disputed Domain Name was first registered on 16 September 2006, 10 years after the date of registration of Microsoft's first CTM for the term MICROSOFT, just one (1) month after the filing of the ZUNE CTM and just two (2) days after Microsoft's announcement of the launch of the Zune brand of products and services - bearing in mind the worldwide renown of the trade marks.\r\n\r\n6. The domain name is being used in bad faith. The Disputed Domain Name is being used to point to a website offering commercial links to products and services offered by third parties other than Microsoft. The Disputed Domain Name has not been used in any other way for at least two years from the date of registration. It is fair to conclude that someone, even if it is not the respondent, is profiting or stands to profit from use of the Disputed Domain Name.\r\n\r\n7. The Complainant is entitled to have to the Disputed Domain Name transferred to it.", "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name MICROSOFTZUNE be transferred to the Complainant", "panelists": [ null ], "date_of_panel_decision": "2012-04-20 00:00:00", "informal_english_translation": "I. Disputed domain name: MICROSOFTZUNE.EU\r\n\r\nII. Country of the Complainant: Netherlands, country of the Respondent: France\r\n\r\nIII. Date of registration of the domain name: 16 September 2006\r\n\r\nIV. Rights relied on by the Complainant (Art. 21 (1) Regulation (EC) No 874\/2004) on which the Panel based its decision:\r\n 1. word CTM, reg. No. 000330910 , for the term MICROSOFT, registered on 22 July 1996\r\n 2. word CTM, reg. No. 005260211, for the term ZUNE, registered on 16 August 2006\r\n\r\nV. Response submitted: No\r\n\r\nVI. Domain name is confusingly similar to the protected rights of the Complainant\r\n\r\nVII. Rights or legitimate interests of the Respondent (Art. 21 (2) Regulation (EC) No 874\/2004):\r\n 1. Why the Complainant considers the Respondent to lack the rights and legitimate interests:(a) the Respondent has no Community or International trade mark rights in either of the terms MICROSOFT or ZUNE, and is not authorised or licensed to use the Complainant's trade marks; (b) The Respondent does not have any connection with any of these business lawfully using the name ZUNE; (c) the Disputed Domain Name was registered by the Respondent only two days after the Zune brand of products and services was launched by Microsoft with the unchallenged intent to benefit from such announcement by using the domain name for wrongful purposes, with no intention to provide any legitimate offering of goods or services. \r\n\r\n\r\n 2. Rights or legitimate interests the Respondent claims to have: None\r\n\r\n 3. Does the Panel consider the Respondent to have no rights or legitimate interests: No rights\/legitimate interest.\r\n\r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004):\r\n 1. Why the Complainant considers the Respondent to have registered or use the domain name\/s in bad faith: Registered: the Disputed Domain Name was first registered on 16 September 2006, 10 years after the date of registration of Microsoft's first CTM for the term MICROSOFT, just one (1) month after the filing of the ZUNE CTM and just two (2) days after Microsoft's announcement of the launch of the Zune brand of products and services - bearing in mind the worldwide renown of the trade marks. Used: The Disputed Domain Name is being used to point to a website offering commercial links to products and services offered by third parties other than Microsoft. The Disputed Domain Name has not been used in any other way for at least two years from the date of registration. Someone, even if it is not the respondent, is profiting or stands to profit from use of the Disputed Domain Name.\r\n\r\n 2. How the Respondent rebuts the statements of the Complainant: None\r\n\r\n 3. Does the Panel consider the Respondent to have registered or use the domain name\/s in bad faith: Yes\r\n\r\nIX. Other substantial facts the Panel considers relevant: None\r\n\r\nX. Dispute Result: Transfer of the disputed domain name\r\n\r\nXI. Procedural factors the Panel considers relevant: None", "decision_domains": [], "panelist": null, "panellists_text": null }