{
    "case_number": "CAC-ADREU-007312",
    "time_of_filling": null,
    "domain_names": [
        "amma.eu"
    ],
    "case_administrator": "Aneta Jelenová (Case admin)",
    "complainant": [
        "Ing. Jiří Mareš (AMMA PROGRESS s.r.o.)"
    ],
    "complainant_representative": null,
    "respondent": [
        "Domain Manager (Blue Monkey Ltd)"
    ],
    "respondent_representative": "Domain Manager",
    "factual_background": "On 27 October 2016 Complainant filed a Complaint against Respondent on the basis of the “.eu” Dispute Resolution Rules (hereinafter: the “ADR Rules”) and requests the transfer of the domain name <amma.eu> (hereinafter: the “Domain Name”) to Complainant.   \r\n\r\nOn 9 December 2016 Respondent filed a request for extension of the deadline to respond to the Complaint (hereinafter: “Response to the Complaint”).\r\n\r\nOn 13 December 2016 the case administrator prolonged the deadline for the Response to the Complaint to 13 January 2017.\r\n\r\nOn 10 January 2017 Respondent filed the Response to the Complaint.",
    "other_legal_proceedings": "The ADR Panel is not aware of any other legal proceedings.",
    "discussion_and_findings": "Pursuant to Paragraph B. 11 (d) (1) of the ADR Rules, the ADR Panel can only decide to transfer the Domain Name to Complainant if Complainant proves that the Domain Name:\r\n(i)\tis identical 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(ii)\thas been registered by Respondent without rights or legitimate interest in the name; or \r\n(iii)\thas been registered or is being used in bad faith. \r\n\r\nComplainant bases its Complaint on the following rights: (i) its company name registered in the commercial register and (ii) the domain names <ammza.cz> and <amma.sk>. The ADR Panel finds that Complainant fails to submit any documentary evidence of the existence and\/or use of the invoked rights (See also: ADR Decision 04293 (<kurzy.eu>). In addition, Complainant does not explain on which legal grounds and to what extent its company name would be protected under national law (See also: ADR Decision 06987 (<hjt.eu>). Moreover, as regards the domain names <ammza.cz> and <amma.sk>, which Complainant claims to own and use, it should be noted that these domain names cannot, as such, grant a right to the Domain Name.     \r\n\r\nThe ADR Panel finds that Complainant does not indicate if and why the registration of the Domain Name by Respondent should be considered without rights or legitimate interest.\r\n\r\nThe ADR Panel also finds that the mere fact that Respondent offers the Domain Name for sale is, as such, no proof of Respondent’s bad faith. It is not because Respondent’s business would constitute of registering, acquiring and selling domain names, that the registration of the Domain Name by Respondent would automatically need to be considered in bad faith (See also: ADR Decision 07159 (<jurista.eu> )). In other words, Complainant fails to demonstrate that the Domain Name was registered or acquired by Respondent primarily for the purpose of selling, renting, or otherwise transferring the Domain Name to Complainant. In addition, the ADR Panel notes that Complainant does not contend nor prove there would be other bad faith circumstances that would make the registration, acquisition or even use in bad faith (See Paragraph B. 11 (f) of the ADR Rules).",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the Complaint is Denied.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2017-01-27 00:00:00",
    "informal_english_translation": "I.      Disputed domain name: <amma.eu> \r\n\r\nII.     Country of the Complainant: Czech Republic, country of the Respondent: Gibraltar\r\n\r\nIII.    Date of registration of the domain name: 10 December 2014\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: company name\r\n     \r\nV.    Response submitted: Yes\r\n\r\nVI.   Domain name is not confusingly similar to the protected right of the Complainant - Complainant did not prove its right\r\n\r\nVII.  Rights or legitimate interests of the Respondent (Art. 21 (2) Regulation (EC) No 874\/2004): Yes - absence of rights not proven by Complainant\r\n\r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004): No - bad faith not proven by Complainant \r\n\r\nIX.   Other substantial facts the Panel considers relevant: N\/A\r\n\r\nX.    Dispute Result: Complaint denied\r\n\r\nXI.   Procedural factors the Panel considers relevant: N\/A",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}