{ "case_number": "CAC-ADREU-007795", "time_of_filling": null, "domain_names": [ "stargames.eu" ], "case_administrator": " Iveta Špiclová (Czech Arbitration Court) (Case admin)", "complainant": [ "Mr Mika Samuli Wirtanen (Stargames Oy)" ], "complainant_representative": null, "respondent": [ "J.S. de Koning" ], "respondent_representative": null, "factual_background": "The Complainant Stargames Oy is a limited company incorporated under that name in Finland on December 20, 1995. It is the owner of OHIM registered trademark No. 007579551 STARGAMES, registered on October 7, 2009. Mr Mika Samuli Wirtanen is the owner of the Company.\r\n\r\nThe disputed domain name was registered on April 7, 2006.", "other_legal_proceedings": "None of which the Panel is aware.", "discussion_and_findings": "Article 22 of 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(a) it has been registered by its holder without rights or legitimate interest in the name; or \r\n(b) it has been registered or used in bad faith. \r\n\r\nThe Panel is satisfied that the disputed domain name is identical or confusingly similar to a name in respect of which the Complainant has rights recognised by EU law by virtue of its Finnish company name STARGAMES OY and its Community Trade Mark \"STARGAMES\", the \".eu\" extension being inconsequential for the purpose of this determination (see CAC case No. 00283, ).\r\n\r\nAs to whether the Respondent has rights or legitimate interests in the disputed domain name, the Panel notes that the disputed domain name was registered several years after the Complainant was incorporated under its STARGAMES OY name and several years before the Complainant registered its trademark. Accordingly, although the disputed domain name could not have been registered with the Complainant's registered trademark in mind, the same cannot be said in relation to the Complainant's company name, which was registered in 1995. The Complainant has provided no evidence of use by the Respondent of the disputed domain name and the Panel's own search did not produce a website to which the disputed domain name resolves.\r\n\r\nNevertheless, the Panel is satisfied that the Complainant has established a prima facie case of lack of rights or legitimate interests in the disputed domain name on the part of the Respondent, in light of the following circumstances: although the word \"stargames\" combines two dictionary words, it has no inherent meaning and is distinctive; the disputed domain name was registered several years after the incorporation of the Complainant under the STARGAMES OY name; there is no evidence of use of the disputed domain name since it was registered in 2006; the Complainant asserts that it has not authorized the Respondent to register or use the disputed domain name and that the Respondent sought 20 000 € from the Complainant before releasing contact details. The evidentiary burden therefore shifts to the Respondent to show that he does have rights or legitimate interests in the disputed domain name. The Respondent has made no attempt to do so. \r\n\r\nIn the circumstances of this case, the Panel finds that the Respondent has no rights or legitimate interests in respect of the disputed domain name, which is therefore speculative. See CAC .EU Overview 2.0, IV.5 and see Noonan Services Group v. OEEO NETWORKS LIMITED, CAC 5578.\r\n\r\nIt is unnecessary to consider the question of bad faith registration or use. \r\n\r\nSince the Complainant, based in Finland, is an undertaking that is established in the Union, the Complainant is eligible to register the domain name under the registration provisions of Article 20 of Regulation (EU) 2019\/517.", "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the disputed domain name be transferred to the Complainant.", "panelists": [ null ], "date_of_panel_decision": "2019-11-18 00:00:00", "informal_english_translation": "I. Disputed domain name: .\r\n\r\nII. Country of the Complainant: Finland, country of the Respondent: Netherlands.\r\n\r\nIII. Date of registration of the domain name: 7 April 2006.\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: STARGAMES.OY.\r\n\r\nV. Response submitted: No.\r\n\r\nVI. Domain name is identical\/confusingly similar 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: Although the word \"stargames\" combines two dictionary words, it has no inherent meaning and is distinctive; the disputed domain name was registered several years after the incorporation of the Complainant under the STARGAMES OY name; there is no evidence of use of the disputed domain name since it was registered in 2006; the Complainant asserts that it has not authorized the Respondent to register or use the disputed domain name and that the Respondent sought 20 000 € from the Complainant before releasing contact details. The evidentiary burden therefore shifts to the Respondent to show that he does have rights or legitimate interests in the disputed domain name. The Respondent has made no attempt to do so. \r\n\r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004): Unnecessary to consider. \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: None.\r\n\r\nXII. Is Complainant eligible? Yes.", "decision_domains": [], "panelist": null, "panellists_text": null }