{
    "case_number": "CAC-ADREU-006346",
    "time_of_filling": null,
    "domain_names": [
        "cashconverters.eu"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "Michael Cooke (Cash Converters Pty Ltd)"
    ],
    "complainant_representative": null,
    "respondent": [
        "Admin Domain (Xedoc Holdings, SA)"
    ],
    "respondent_representative": "Paul Keating Esq. (Law.es)",
    "factual_background": "The Complainants are members of an international group of companies providing pawn broking and related services under the name “CASH CONVERTERS”. The group was started in Australia in 1984, expanded to the UK in 1991, and now has 130 stores in Australia, over 170 stores in the UK and 600 stores in 21 countries worldwide. \r\n\r\nThe First Complainant owns various registered trademarks for the words “CASH CONVERTERS” or devices including these words, including CTM, UK and French registrations for the word mark. The Second Complainant operates the business in the UK and had an exclusive licence to use the “CASH CONVERTERS” marks in the UK.\r\n\r\nThe disputed domain name was registed on 7 April 2006 and has not been used.",
    "other_legal_proceedings": "None",
    "discussion_and_findings": "The filing of the Complaint by the two related co-complainants is clearly appropriate in accordance with the consensus view recorded at section 13 of the Overview of CAC panel views http:\/\/eu.adr.eu\/html\/en\/handbook_final_for_publication.pdf.\r\n\r\nThe Panel finds that both Complainants have rights in the name “CASH CONVERTERS”. In particular, the First Complainant owns CTM no. 001810498 and other registered marks in respect of this name, while the Second Complainant is an exclusive licensee under these marks and has goodwill in the name. The disputed domain name is clearly identical or confusingly similar to this name, since its second level domain is effectively the same.\r\n\r\nThe Panel further finds that the Respondent does not have any rights or legitimate interests in the disputed domain name. The Panel is satisfied on the undisputed evidence that the Respondent has not used the disputed domain name or any corresponding name in connection with the offering of goods or services and has not made demonstrable preparations to do so; that it has not been commonly known by the domain name; that it is not making a legitimate and non-commercial or fair use of the domain name; and that it has not been licensed or permitted by the Complainants to use the domain name. The Panel is further satisfied by the material submitted that there is no other basis on which the Respondent could claim any right or legitimate interest in the disputed domain name.\r\n\r\nThe Panel also finds on the undisputed evidence that the disputed domain name was registered in order to prevent the Complainants from reflecting their “CASH CONVERTERS” name and trademark in a corresponding .eu domain name, and that the domain name was not used in any relevant way for more than two years following its registration. Having regard to Article 21(3)(b) of Regulation 874\/2004, the Panel finds that the domain name was registered in bad faith.\r\n\r\nAccordingly, the Panel concludes that the disputed domain name is a speculative or abusive registration within the meaning of Article 21 of Regulation 874\/2004.\r\n\r\nThe Second Complainant is registered in the UK and satisfies the general eligibility criteria set out in Article 4(2)(b) of Regulation 733\/2002. It is appropriate that the disputed domain name be transferred to it as requested in the Complaint and in accordance with the second sentence of Article 22(11) of Regulation 874\/2004.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that\r\n\r\nthe domain name CASHCONVERTERS be transferred to the Second Complainant, Cash Converters (UK) Limited",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2012-11-17 00:00:00",
    "informal_english_translation": "I.      Disputed domain name: cashconverters.eu\r\n\r\nII.     Country of the Complainant: Australia\/UK, country of the Respondent: Luxembourg\r\n\r\nIII.    Date of registration of the domain name: 7 April 2006\r\n\r\nIV.    Rights relied on by the Complainants (Art. 21 (1) Regulation (EC) No 874\/2004) on which the Panel based its decision:\r\n        1.   Word CTM reg. No. 001810498, for the term 10 years, filed on 15 August 2000, registered on 10 October 2003, and renewed until 15 August 2020, in respect of goods and services in classes 9, 35, 36, 38, 39, 41, 42, and other registered trademarks.\r\n        2.   unregistered trademark: CASH CONVERTERS\r\n        \r\nV.    Response submitted: No \r\n\r\nVI.   Domain name is identical or confusingly similar to the protected rights of the Complainants\r\n\r\nVII.  Rights or legitimate interests of the Respondent (Art. 21 (2) Regulation (EC) No 874\/2004):\r\n        1. No\r\n        2. Why: No use for goods or services, not commonly known by name, no legitimate non-commercial use, no permission to use\r\n\r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004):\r\n        1. Yes\r\n        2. Why: Registered to prevent Complainants registering .eu domain name corresponding to their name and not used within 2 years of registration.\r\n\r\nIX.   Other substantial facts the Panel considers relevant: none\r\n\r\nX.    Dispute Result: Transfer of the disputed domain name to 2nd Complainant\r\n\r\nXI.   Procedural factors the Panel considers relevant: 1st Complainant non-EU company, 2nd Complainant UK company in same group operating under the name relied on\r\n\r\nXII.  Is Complainant eligible? Yes (2nd Complainant)",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}