{ "case_number": "CAC-ADREU-008083", "time_of_filling": null, "domain_names": [ "geberit.eu" ], "case_administrator": "Denisa Bilík (CAC) (Case admin)", "complainant": [ "Ari Tervala (Geberit Verwaltungs GmbH)" ], "complainant_representative": null, "respondent": [ "Antoine Kaspar" ], "respondent_representative": null, "factual_background": "The Complainant is a member of a group of companies engaged in providing sanitary products and services since it was founded in 1874.\r\n\r\nIt is a licensee of Geberit Holdings AG, which is the holder of European Union registered trademarks GEBERIT, Nos. 0571872, registered on May 6, 1991; 0635104, registered on December 27, 1994; and 0878950, registered on February 9, 2006.\r\n\r\nThe disputed domain name was registered by the Respondent on August 9, 2019. It resolves to a website on which it is offered for sale. On September 21, 2020 the Respondent communicated with an employee of the Complainant's group offering to sell the disputed domain name to the Complainant for 1,750EUR.", "other_legal_proceedings": "The Panel is unaware of other legal proceedings which are pending or decided and which relate to the disputed domain name.", "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 to a name in respect of which the Complainant, as licensee of Geberit Holdings AG, has rights recognised by EU law in the Community Trade Marks \"GEBERIT\", the \".eu\" extension being inconsequential for the purpose of this determination (see CAC case No. 00283, ).\r\n\r\nThe Complainant has provided evidence that the GEBERIT mark is distinctive and widely known. The disputed domain name was registered several years after the Complainant registered its trademark. The disputed domain name resolves to the website Dan.Com which states that it is for sale for 1,750EUR. Further, the Respondent offered to sell the disputed domain name for that amount to an employee of the Complainant's group. The Panel concludes that the Respondent registered the disputed domain name in full knowledge of the GEBERIT marks, knowing that it is likely to attract interest from Internet users who are searching for the Complainant. \r\n\r\nThere is no evidence that the Respondent is commonly known by the disputed domain name nor that she has made any fair use of it.\r\n\r\nThese circumstances lead the Panel to conclude both that the Respondent has no rights or legitimate interest in the disputed domain name and that it was registered and is being used in bad faith.\r\n\r\nThe Complainant is a legal entity with its registered office in Germany. The Complainant therefore satisfies the general eligibility criteria for registration set out in Paragraph 4(2)(b) of Regulation (EC) No 733\/2002 (as amended by articles 20 and 22 of the 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 domain name GEBERIT.EU be transferred to the Complainant.", "panelists": [ null ], "date_of_panel_decision": "2021-02-18 00:00:00", "informal_english_translation": "I. Disputed domain name: geberit.eu\r\n\r\nII. Country of the Complainant: Germany, country of the Respondent: France\r\n\r\nIII. Date of registration of the domain name: 9 August, 2019.\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. Figurative CTM reg. No. 0571872, filed on 06 May, 1991, registered on 09 August, 1991, in respect of goods and services in classes 6, 9, 11, 17 and 19.\r\n 2. Figurative CTM reg. No. 0635104, filed on 01, July, 1994, registered on 27 December, 1994 in respect of goods and services in classes 37, 41 and 42.\r\n 3. Figurative CTM, reg. No. 0878950, registered on 09 February 2006 in respect of goods and services in class 11. \r\n\r\nV. Response submitted: No.\r\n\r\nVI. Domain name is identical 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 Complainant has provided evidence that the GEBERIT mark is distinctive and widely known. The disputed domain name was registered several years after the Complainant registered its trademark. It resolves to the website Dan.Com which states that the disputed domain name is for sale for 1,750EUR. Further, the Respondent offered to sell the disputed domain name for that amount to an employee of the Complainant's group. The Panel concludes that the Respondent registered the disputed domain name knowing that it is likely to attract interest from Internet users who are searching for the Complainant. There is no evidence that the Respondent is commonly known by the disputed domain name nor that she has made any fair use of it. Rather it appears the Respondent registered the disputed domain name in order to profit from its resale to the Complainant.\r\n\r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004):\r\n 1.Yes.\r\n 2. Why: For the reasons stated above.\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 }