{
    "case_number": "CAC-ADREU-008276",
    "time_of_filling": null,
    "domain_names": [
        "valentini.eu"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Gabriele Valentini (Azienda Agricola Valentini s.s. Società Agricola)"
    ],
    "complainant_representative": null,
    "respondent": [
        "Stig Valentini (Stig Valentini)"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant, AZIENDA AGRICOLA VALENTINI SS SOCIETÀ AGRICOLA, is a historic Italian company in Loreto Aprutino (Abruzzo, Italy), recognized by the Italian Union of Chambers of Commerce as one of the 150 oldest companies in Italy and whose activity has been documented since 1650.\r\n\r\nThe Complainant has proven to be the owner of the AZIENDA AGRICOLA VALENTINI SS SOCIETÀ AGRICOLA and AZIENDA AGRICOLA VALENTINI marks. \r\n\r\nThe Complainant is inter alia the owner of: \r\n\r\nEuropean Union trademark AZIENDA AGRICOLA VALENTINI SS SOCIETÀ AGRICOLA (device) Registration No. 018029085, registered on July 19, 2019, claiming Italian seniority dating from February 26, 2008;\r\n\r\nEuropean Union trademark AZIENDA AGRICOLA VALENTINI (device) Registration No. 018029082, registered on July 19, 2019, claiming Italian seniority dating from February 26, 2008.\r\n\r\nThe disputed domain name was registered by the Respondent on August 29, 2006.\r\n\r\nThe Complainant’s trademark registrations postdate the registration of the disputed domain name. \r\nHowever, the Complainant’s pre-existing rights, recognized according to Article 10 of EC Regulation No. 874\/2004, long predate the registration of the disputed domain name.\r\n\r\nThe disputed domain name has never been used since its registration (i.e. August 29, 2006), and has always displayed a blank page.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "discussion_and_findings": "To succeed in its Complaint, the Complainant must show that the requirements of Article 21(1) of the Commission Regulation (EC) No. 874\/2004 have been complied with. That paragraph reads as follows: \r\n\"A registered domain name shall be subject to revocation, using an appropriate extra-judicial or judicial procedure, where that name is identical or confusingly similar to a name in respect of which a right is recognized or established by national and\/or Community law, such as the rights mentioned in Article 10(1), and where it: \r\n(a) has been registered by its holder without rights or legitimate interest in the name; or \r\n(b) has been registered or is being used in bad faith.\" \r\nIn addition, Article 22(10) of the Regulation and Paragraph B10(a) of the ADR rules provide that: \r\n“In the event that a Party does not comply with any of the time periods established by these ADR Rules or the Panel, 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 The Complainant has provided sufficient evidence to show that it is the proprietor of trademark registrations for the names AZIENDA AGRICOLA VALENTINI SS SOCIETÀ AGRICOLA and AZIENDA AGRICOLA VALENTINI, and of pre-existing rights, recognized under Article 10 of EC Regulation No. 874\/2004, which predate the registration of the disputed domain name.\r\n \r\nThe domain name <valentini.eu> reproduces in its entirety the most distinctive part of the complainant’s trademarks, i.e. VALENTINI.\r\n\r\nThe Complainant has, therefore, satisfied the requirements of the first paragraph of Article 21(1). \r\n\r\nThe Complainant has further asserted that the Respondent is not known by the VALENTINI name and has no legitimate rights to or interests in the disputed domain name.\r\n\r\nThese assertions are not contradicted by the Respondent. Should the Respondent have rights or legitimate interests to the disputed domain name, the Panel assumes that it would have advised the Panel of the same. As no response was filed, the Panel therefore accepts that the Respondent does not have rights or legitimate interests to the disputed domain name.\r\n\r\nThe Panel here notes that the Respondent’s name Stig Valentini appears to partially coincide with the disputed domain name.  The disputed domain name may have been chosen for this reason. \r\n\r\nIf this was indeed the reason, given the circumstances of the present case, the Respondent could have easily shown that he has at the very least a competing right to the disputed domain name. In fact, it would have been sufficient for him to participate in this proceeding and document his rights by showing his identity card or passport.  \r\n\r\nHowever, in the absence of any submission on the issue from the Respondent, the Complainant has satisfied the requirements of Article 21(1)(a).  It is therefore not necessary to examine the Complainant’s assertion of the Respondent’s bad faith.\r\n\r\nThis Panel notes however that the Complainant has provided sufficient arguments to also indicate the Respondent's bad faith in registering and using the disputed domain name.\r\n\r\nSpecifically, it appears that the Respondent has not used the disputed domain name for about 15 years. \r\nAccording to article 3. (b) (ii) COMMISSION REGULATION (EC) No 874\/2004, this is an element from which bad faith, within the meaning of point (b) of paragraph 1, can be demonstrated.",
    "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 <valentini.eu> be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2022-03-28 00:00:00",
    "informal_english_translation": "I.      Disputed domain name: valentini.eu\r\n\r\nII.     Country of the Complainant: Italy, country of the Respondent: Denmark\r\n\r\nIII.    Date of registration of the domain name: 29 August 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:\r\n        1.   combined trademark registered in EU, reg. No. 018029085, for the term AZIENDA AGRICOLA VALENTINI SS SOCIETÀ AGRICOLA registered on  19 July 2019 and claiming Italian seniority dating from February 26, 2008; in respect of goods and services in class 33\r\n        2.   combined trademark registered in EU, reg. No. 018029082, for the term AZIENDA AGRICOLA VALENTINI registered on  19 July 2019 and claiming Italian seniority dating from February 26, 2008; in respect of goods and services in class 33\r\n        3.  pre-existing rights (unregistered trademark and company name), recognized according to Article 10 of EC Regulation No. 874\/2004.\r\n\r\nV.    Response submitted: No\r\n\r\nVI.   Domain name is confusingly similar to the protected right\/s 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        \r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004):\r\n        1. Yes\r\n        2. Why: the domain name has not been used in a relevant way for at least fifteen years from the date of registration\r\n\r\nIX.   Other substantial facts the Panel considers relevant:\r\n\r\nX.    Dispute Result: Transfer of the disputed domain name\r\n\r\nXI.   Procedural factors the Panel considers relevant:\r\n\r\nXII.  [If transfer to Complainant] Is Complainant eligible? Yes",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}