{
    "case_number": "CAC-ADREU-007652",
    "time_of_filling": null,
    "domain_names": [
        "synlawn.eu"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Sport Group Holding GmbH ( )"
    ],
    "complainant_representative": null,
    "respondent": [
        "Arnoud Fiolet (Fiolet Holding BV)"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is the owner of EU-trademark No. 010004703 \"SYNLAWN\" (\"the Trademark\"), registered on October 27, 2011 in class 27 of the Nice Classification for \"Artificial turf systems consisting of layers of man-made grasses of fibres and filaments and surface coverings of fibres or filaments; artificial carpets, rugs, mats and matting; matting simulating grass; floor coverings; artificial turf; artificial grass; surface coverings in the nature of carpets, for use in sports and athletics; underlay systems for the above goods including shock-absorbing underlay.\"\r\n\r\nThe domain name <synlawn.eu> (\"the Domain Name\") was registered in the name of Arnoud Fiolet (\"the Respondent\") on December 5, 2016. On January 17, 2018, in response to e-mails from a representative of the Complainant seeking a price for the sale of the Domain Name, the Respondent sent an e-mail in the following terms:\r\n\r\n\"I don’t have a problem selling the domain. Let me give you my thoughts on the value of the domain name. Synlawn is the biggest landscape artificial turf seller in the US. Sportgroup wants it to move to Europe and claim a European position. Sportgroup is a 600.000.000 USD +  company. The European landscape market is appr 45 million sqm or appr 450 million € of which appr. 60% goes into website sales and the other 40% through website sales. Your target market is a minimum of  € 200.000.000. \r\n\r\nThe investment in a transnational website in at least UK\/France \/Benelux and Germany with dedicated SEO – adwords is a minimum of € 150.000-200.000 per year to get on the first page. The turnover you need to make is at least in year 2021 is at least 5.000.000 or a market share of 2-3% at that time if not more. \r\n\r\nAs far as I can see you have the option of using synlawn.com but you need to reshape the existing website (www.synlawn.com) for global purposes and you need to take the focus of [sic] the US market which is the moneymaker at this moment. It will also have serious SEO consequences. The other option is to make synlawn with country based url’s. such as .co.uk - .nl and others. That will seriously increase the management costs if they are not referred to on a central website. \r\n\r\nI saw this moment come already a couple of years ago. I am not a greedy person but do understand value. Please make me an offer that is serious based on your own and the above assumptions that reflect my train of thinking. My alternatives are leaving it where it is and perhaps use it as a tool to grow our own landscape business as deferred site.\"",
    "other_legal_proceedings": "None of which the Panel is aware.",
    "discussion_and_findings": "Article 22 of the Regulation (EC) No. 874\/2004 provides that an ADR procedure may be initiated by any party where the registration is speculative or abusive within the meaning of Article 21, which provides that a registered domain name shall be subject to revocation where the name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and\/or EU law and where: \r\n\r\n(a) it has been registered by its holder without rights or legitimate interest in the name; or \r\n\r\n(b) it has been registered or used in bad faith. \r\n\r\nThe Panel is satisfied that the Domain Name is identical to a name in respect of which the Complainant has rights recognised by EU law by virtue of its Community Trade Mark \"SYNLAWN\",  the \".eu\" extension being inconsequential for the purpose of this determination (see CAC case No. 00283, lastminute.eu).\r\n\r\nAs to rights or legitimate interests, according to the Respondent, it registered the Domain Name  during negotiations to set up Astroturf-Synlawn distribution by Fiolet Holding in Europe for the Complainant. No doubt the Respondent hoped and expected those negotiations to be successful. However, they came to an end without agreement on such a distributorship.\r\n\r\nUnder these circumstances it is clear that the Respondent had no rights in the name \"synlawn\" when it registered the Domain Name. \r\n\r\nAs to whether the Respondent had a legitimate interest in the \"synlawn\" name, the Respondent contemplated that Fiolet Holding would become a distributor of Astroturf-Synlawn if the negotiations were successful and appreciated that the Domain Name would be useful in any such distributorship. These considerations no doubt explain why the Respondent registered the Domain Name before any agreement for the distributorship had been reached. While these considerations indicate the Respondent's likely state of mind when it registered the Domain Name, the Panel is satisfied that the Respondent had not by then acquired a legitimate interest in either the \"synlawn\" name nor in the identical Domain Name. The Respondent states that no use has been made of the Domain Name so there is no possibility that any legitimate interest in the Domain Name might have been acquired through use. \r\n\r\nIt is unnecessary to consider the question of bad faith registration or use.\r\n\r\nSince the Complainant is based in Germany, the Complainant is eligible to register the Domain Name under the registration restrictions of Article 4(2) 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 the Domain Name SYNLAWN.EU be transferred to the Complainant.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2018-04-18 00:00:00",
    "informal_english_translation": "I.      Disputed domain name: SYNLAWN.EU\r\n\r\nII.     Country of the Complainant: Germany, country of the Respondent: Netherlands\r\n\r\nIII.    Date of registration of the domain name: 5 December 2016\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: Word CTM \"SYNLAWN\", reg. No. 010004703, for the term 10 years, filed on 27 May, 2011, registered on 27 October, 2011 in respect of goods and services in class 27.\r\n        \r\nV.    Response submitted: Yes\r\n\r\nVI.   The disputed domain name is identical to the protected right 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: At the time of registration, negotiations (ultimately unsuccessful) were taking place for the Respondent's company to become a distributor for the Complainant. These circumstances did not confer upon the Respondent or his company rights or legitimate interests in the domain name nor in the Complainant's SYNLAWN Trademark. There has been no use of the disputed domain name.\r\n\r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004):\r\n        1. Unnecessary to consider        \r\n        2. Why: The finding regarding legitimacy is sufficient to dispose of this proceeding.\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: The Complainant, based in Germany, owns EU registered trademark SYNLAWN.\r\n\r\nXII.  If transfer to Complainant Is Complainant eligible? Yes.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}