{
    "case_number": "CAC-ADREU-007234",
    "time_of_filling": null,
    "domain_names": [
        "peopleperhour.eu"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Mr Michael Luna (People Per Hour Ltd)"
    ],
    "complainant_representative": null,
    "respondent": [
        "Web Master (Dreamscape Networks Limited)"
    ],
    "respondent_representative": null,
    "factual_background": "2\tThe Complainant is People Per Hour Ltd, a company incorporated in England and Wales on 12 September 2007 with company registration number 06369697 and having its principal place of business in London.  \r\n\r\n3\tThe Complainant owns and operates an online platform bringing together buyers and sellers of freelance services under the trading name PEOPLEPERHOUR via its website, PEOPLEPERHOUR.COM.  The Complainant registered that website on 8 June 2007.  \r\n\r\n4\tThe Complainant asserts that it has in excess of 82,000 freelancers registered on its site, of which approximately 24,000 are situated in the UK and the remainder are located internationally.  In the last three years, over 600,000 jobs have been posted on the site and over 250,000 hourlies have been sold to over 150,000 buyers.  On that basis, the Complainant asserts that it has accrued significant goodwill and reputation in the UK and internationally in the trading and company name PEOPLEPERHOUR, and that the trading name PEOPLEPERHOUR is protected as an unregistered trade mark, trade name, business identifier and company name under the English law of passing-off.  \r\n\r\n5\tThe Respondent is Dreamscape Networks Limited, a company having its principal place of business in Nicosia, Cyprus.  On 10 June 2013, the Respondent registered the disputed domain name PEOPLEPERHOUR.EU.  The Complainant says that it only recently became aware of this registration.  The home page of the website accessed through the disputed domain PEOPLEPERHOUR.EU is in the form of a registration page.  This page is the only page accessible without providing login details.  The registrar of the domain name is crazydomains.com, which appears to be an entity connected with the Respondent.  \r\n\r\n6\tThe Respondent's main website at DREAMSCAPENETWORKS.COM states that the Respondent \"forms the foundation for a variety of globally recognised and renowned online brands, that vary from licenced domain registrars and cloud hosting services, to digital branding and marketing\".  The Respondent appears predominantly to be in the business of offering domain name and cloud hosting services.  \r\n\r\n7\tThe Complainant's legal representatives wrote to the Respondent on 28 April 2016, setting out its complaint and requiring an undertaking from the Respondent to transfer the disputed domain name PEOPLEPERHOUR.EU to the Complainant.  The letter was sent by e-mail and received both by the Respondent and by the registrar of the domain name.  The Respondent did not reply to that letter.\r\n\r\n8\tOn 23 June 2016, the Complainant filed a complaint in the present ADR proceedings.  On 27 June 2016, the Czech Arbitration Court notified the Complainant of deficiencies in the complaint.  On 2 July 2016, the Complainant re-submitted a compliant amended complaint with annexes.  The Panel's decision is based on that amended complaint.  On 4 July 2016, the Czech Arbitration Court notified the Respondent of the commencement of ADR proceedings against it.  Having been notified of the complaint, the Respondent did not submit a response to the Amended Complaint within the required time period, or at all.  On 12 July 2016, the Czech Arbitration Court issued a Notification of Respondent's Default.  On 26 July 2016, the case file was transmitted to the Panel.",
    "other_legal_proceedings": "1\tThe Panel is not aware of any other legal proceedings relating to the disputed domain name.",
    "discussion_and_findings": "General \r\n\r\n18\tThe Panel has reviewed and considered the Complainant's amended complaint, together with the annexed supporting documents, in detail. \r\n\r\n19\tArticle 22.10 of Commission Regulation EC 874\/2004 (the “Regulation”) and Paragraph B10(a) of the ADR Rules provide that if, as in the present case, a party fails to respond to a complaint within the applicable deadlines, the Panel shall proceed to a decision on the Complaint and may consider this failure to comply as grounds to accept the claims of the other party. \r\n\r\n20\tHowever, the Panel does not consider that the Regulation or the ADR Rules envisage the Panel simply upholding the Complaint in all cases where a Respondent fails to respond.  Rather, in order for the complaint to succeed, the Complainant must still demonstrate that the requirements of Article 21.1 of the Regulation and Paragraph B11(d)(1) of the ADR Rules are satisfied. \r\n\r\n21\tIn order for the Complaint to succeed, the Complainant must show, in accordance with Article 21.1 of the Regulation and Paragraph B11(d)(1) of the ADR Rules, that: \r\n\r\n(a)\tthe disputed domain name is identical with or confusingly similar to a name in respect of which a right is recognized or established by the national law of a Member State and\/or Community law; and either \r\n\r\n(b)\tthe domain name has been registered by the Respondent without rights or legitimate interest in the name; or \r\n\r\n(c)\tthe domain name has been registered or is being used in bad faith. \r\n\r\n22\tIf the Complainant succeeds in this respect, in order to obtain a transfer of the disputed domain name to itself, Article 22.11 of the Regulation further requires that the Complainant applies for the disputed domain name and satisfies the general eligibility criteria set out in Article 4(2)(b) of Regulation (EC) No 733\/2002.  If the general eligibility criteria are not met, the remedy that the Panel may otherwise grant will be restricted to revocation of the disputed domain name.  \r\n\r\n23\tThe Panel notes that the Complainant does meet the general eligibility criteria within the meaning of Article 22(11) of the Regulation and Article 4(2)(b) of Regulation (EC) No 733\/2002, being a company registered in England and Wales.  \r\n\r\nIs the domain name identical or confusingly similar to a name in respect of which a right is recognised or established by the national law of a Member State and\/or Community law? \r\n\r\n24\tArticle 10.1 of the Regulation recognises unregistered trade marks, trade names, business identifiers and company names as possible ‘prior rights’.  Prior domain name registrations have not been included in that definition.  The Complainant may therefore not rely on the rights which it has in the domain name PEOPLEPERHOUR.COM as such.  However, the Complainant has adduced evidence of extensive use of the name PEOPLEPERHOUR in the course of trade, including on its e-commerce website, in the European Union and in the United Kingdom, and has shown that it is known and referred to by that name.  \r\n\r\n25\tThe Complainant’s evidence establishes long-standing use of the name PEOPLEPERHOUR and the extensive use of its website supports the Complainant's submission that it accrued substantial goodwill in that name.  The Complainant's use of the unregistered trade mark, trade name and company name PEOPLEPERHOUR is protected under English common law by the tort of passing-off and may therefore be relied upon by the Complainant as a name in respect of which a right is recognised by the national laws of a Member State (see, for example, case 5118 (Byron Advertising) for another instance of successful reliance on an unregistered trade name protected by passing off, and case 06139 (Euroclima) for reliance on rights in a company and trade name).  \r\n\r\n26\tThe disputed domain name is identical with the protected trade name PEOPLEPERHOUR.  \r\n\r\nHas the domain name been registered by the Respondent without rights or legitimate interest in the name?\r\n\r\n27\tWhile the overall burden of proof lies with the Complainant, the Complainant only has to make a prima facie case that the Respondent lacks rights and legitimate interests in the disputed domain name.  The burden of proof then shifts to the Respondent to show evidence of such rights or legitimate interests.  Paragraph B10(b) of the ADR Rules provides that \"Unless provided differently in these ADR Rules, if a Party does not comply with any provision of, or requirement under, these ADR Rules, …, the Panel shall draw such inferences therefrom as it considers appropriate.\"  \r\n\r\n28\tThe Respondent clearly is not known by the domain name PEOPLEPERHOUR within the meaning of Article 21.2(b) of the Regulation and neither is it making a legitimate and non-commercial or fair use of the domain name within the meaning of Article 21.2(c) of the Regulation.  \r\n\r\n29\tThe website accessed via the disputed domain name has some limited content and appears to have done so since prior to notice of the ADR proceedings.  The question therefore arises whether the Respondent has used the domain name or a name corresponding to the domain name in connection with the offering of goods or services or has made demonstrable preparations to do so within the meaning of Article 21.2(a) of the Regulation.  The Complainant submits that the website accessed through the disputed domain name is a \"shell\" and has no actual functionality or content.  The site does not provide any information as to any goods or services provided.  The Complainant further submits that the Respondent's business is domain names and cloud hosting services.  There is no indication that the Respondent actively operates or is preparing to operate a project management system for freelancers.  The Complainant supports these submissions with print-outs from the Respondent's website.  The Panel is satisfied that the Complainant's submissions establish a prima facie case that the Respondent has no rights or legitimate interest in the name PEOPLEPERHOUR.  \r\n\r\n30\tThe Respondent is in default and has filed no response in these ADR proceedings or otherwise sought to assert the existence of any such rights or legitimate interest.  The Panel therefore derives further support from the Respondent's default for its finding that no such rights or legitimate interest exist.  \r\n\r\nHas the disputed domain name been registered or is it being used in bad faith?\r\n\r\n31\tHaving established that the disputed domain name has been registered by the Respondent without rights or legitimate interest in the name PEOPLEPERHOUR, it is not necessary for the Complainant to show, or for the Panel to find, that the Respondent registered or is using the disputed domain name in bad faith.",
    "decision": "32\tFor all the foregoing reasons, in accordance with paragraphs B12 (b) and (c) of the ADR Rules, the Panel orders that the disputed domain name PEOPLEPERHOUR.EU be transferred to the Complainant.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2016-08-19 00:00:00",
    "informal_english_translation": "The Complainant seeks the transfer of the disputed domain name PEOPLEPERHOUR.EU to itself.  The Respondent failed to respond to the ADR proceedings.  The Complainant has established that it owns the name PEOPLEPERHOUR in respect of which a right is recognised by the national laws of a Member State.  The Complainant has further established that the disputed domain name is identical with the name PEOPLEPERHOUR and that the Respondent has no rights or legitimate interest in the disputed domain name.  Since the Complainant meets the general eligibility criteria for the transfer of the domain name, the Panel ordered that the disputed domain name PEOPLEPERHOUR.EU be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}