{
    "case_number": "CAC-ADREU-006701",
    "time_of_filling": null,
    "domain_names": [
        "leifeld.eu"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Herr Heinrich Werner Leifeld (Heinrich Leifeld GmbH)"
    ],
    "complainant_representative": null,
    "respondent": [
        "IT Admin (Yellow Network Limited)"
    ],
    "respondent_representative": null,
    "factual_background": "On October 24, 2011, the Respondent registered the domain name \"www. leifeld.eu\", hereafter the \"Domain Name\".\r\n \r\nOn March 27, 2014, Heinrich Leifeld GmbH and Heinrich Werner Leifeld filed a complaint against the registration of the Domain Name.\r\n\r\nAccording to the extract of the Paderborn trade registry produced by the Complainant with its complaint:\r\n\r\n-\tthe Complainant was incorporated under German law on December 30, 1988;\r\n-\tthe nature of the business of the Complainant is described as \"Erstellung und Handel von Sanitär und Installation, Gasheizung und Bauklempnerei\" (translation \"Repair and sale of sanitary and installation, gas heating and plumbing\").\r\n-\tthe company name of the Complainant is \"Heinrich Leifeld\";\r\n-\tthe director of the company is Heinrich Werner Leifeld;\r\n\r\nThe Complainant also provided a copy of his passport from which it appears the he is born on August 31, 1956 and that his name is Heinrich Werner Leifeld.\r\n\r\n\r\n\r\nAccording to the extract of the British Companies House, produced by the Respondent with its Response:\r\n\r\n-\tthe Respondent was incorporated under British law on March 30, 2010;\r\n-\tthe nature of the business is qualified as \"Dormant Company\";\r\n-\tthe last accounts made up to March 30, 2014 are marked \"(DORMANT)\";\r\n-\tthere are no UK Establishments associated with the company;\r\n-\tthere are no Oversea Details associated with the company.",
    "other_legal_proceedings": "",
    "discussion_and_findings": "A.\tLegal grounds\r\n\r\n1.\tEligibility criteria for registration \r\n\r\nPursuant to Article 4 (2) (b) of the Regulation (EC) No. 733\/2002, the registration of a domain name in the .eu TLD can be requested by any:\r\n\r\n\"(i) undertaking having its registered office, central administration or principal place of business within the Community, or \r\n(ii) organization established within the Community without prejudice to the application of national law, or \r\n(iii) natural person resident within the Community.\"\r\n\r\nIn this case, according to the extract of the British Companies House and the Respondent's allegations, the Respondent seems prima facie to have a registered office in the United Kingdom and therefore complies with Article 4 (2) (b) of the Regulation (EC) No. 733\/2002.\r\n\r\nConsequently the Respondent satisfies the eligibility criteria for registration of the Domain Name.\r\n\r\n2.\tSpeculative and abusive registrations\r\n\r\nAccording to Article 21 (1) and 22 (11) of the Regulation (EC) No. 874\/2004, a registered domain name shall be subject to revocation (i) where that name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and\/or Community law, and either (ii) 1) where the domain name has been registered by its holder without rights or legitimate interest in the name; or 2) the domain name has been registered or is being used in bad faith.\r\n\r\nRegarding the first requirement:\r\n\r\nThe Complainant as legal and natural person is the holder of the company name \"Heinrich Leifeld\" and of the name \"Heinrich Werner Leifeld\".\r\n\r\nThe Complainant also alleges to be the holder of the domain name \"leifeld.de\".\r\n\r\nThe Domain Name is identical or confusingly similar to the predominant element of the company name \"Leifeld\". The Domain Name is identical or confusingly similar to the family name of the Complainant: \"Leifeld\". The identity of the names is not denied nor challenged by the Respondent.\r\n\r\n \r\nRegarding the second requirement:\r\n\r\nThe Respondent does not provide any evidence of rights or legitimate interest in the Domain Name although it was duly given a chance to do so. \r\n\r\nThe Complainant has provided evidence of a prima facie lack of rights or legitimate interest on the part of the Respondent who did not challenge any of the Complainant's claims.\r\n\r\nFurthermore, the extract of the British Companies House, produced by the Respondent qualifies the nature of its business as \"Dormant Company\" and marks that the last accounts made up to March 30, 2014 was \"(DORMANT)\". These indications advocate in favor of the allegations of the Complainant claiming that the Respondent has no right or legitimate interest in the registration of the Domain Name and have not been explained in any way by the Respondent.\r\n\r\nThe registration or the use of the domain in bad faith does not have to be examined since the criteria to revoke speculative or abusive registrations are fulfilled.\r\n\r\nConclusion\r\n\r\nThe Domain Name is identical or confusingly similar to the name in respect of which the Complainant holds prior rights and the Respondent has no right or legitimate interest in the registration of the domain name. The registration of the Domain Name should therefore be revoked and transferred to the Complainant which satisfies the general eligibility criteria set out in Article 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\r\n\r\nthe domain name LEIFELD be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2014-04-29 00:00:00",
    "informal_english_translation": "I.      Disputed domain name: Leifeld.eu\r\n\r\nII.     Country of the Complainant: Germany, country of the Respondent: United Kingdom\r\n\r\nIII.    Date of registration of the domain name: 24 October 2011\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.  business identifier: Heinrich Leifeld\r\n        2.  company name: Heinrich Leifeld\r\n        3.  family name: Leifeld\r\n       \r\nV.    Response submitted: Yes\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. No\r\n        2. Why:The Respondent does not provide any evidence of rights or legitimate interest in the Domain Name although it was duly given a chance to do so. \r\n\r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004):\r\n        1. Not examined\r\n\r\nIX.   Other substantial facts the Panel considers relevant: \/\r\n\r\nX.    Dispute Result: Transfer of the disputed domain name.\r\n\r\nXI.   Procedural factors the Panel considers relevant:\r\n\r\nXII.  Is Complainant eligible? Yes",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}