{
    "case_number": "CAC-ADREU-008356",
    "time_of_filling": null,
    "domain_names": [
        "soares.eu"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "Jorge Miguel Dias Almeida Rodrigues Soares ( )"
    ],
    "complainant_representative": null,
    "respondent": [
        "Domain Administrator"
    ],
    "respondent_representative": null,
    "factual_background": "The Complainant is a Portuguese citizen.\r\n\r\nWhile the disputed domain name is registered in the name of “Domain Administrator”, it is not in dispute that the disputed domain name is controlled by Manuel Costa, on whose behalf the Response was filed, and who describes himself as “a Portuguese entrepreneur, founder of numerous Internet companies in Europe and the United States”. References to “the Respondent” below include Manuel Costa, unless otherwise stated.\r\n\r\nThe Respondent registered the disputed domain name on 7 April 2006.\r\n\r\nAs of 18 June 2022, the disputed domain name resolved to a Sedo parking page with pay per click (“PPC”) links to “Classement VPN” (VPN Ranking), “Billeterie Cse” (Cse Ticket Office) and “Prime Renouvation Gouv” (“Government Renewal Grant”). The page also stated: “This domain may be for sale”.",
    "other_legal_proceedings": "No other legal proceedings related to the disputed domain name. ",
    "discussion_and_findings": "Introduction\r\n\r\nUnder Article 21(1) of Regulation (EC) 874\/2004 (“the Regulation”), the disputed domain name is subject to revocation if it is identical or confusingly similar to a name in respect of which a right is recognised or established by national and\/or Community law, such as the rights mentioned in Article 10(1), and where it (a) has been registered by its holder without rights or legitimate interest in the name; or (b) has been registered or is being used in bad faith.\r\n\r\nRights\r\n\r\nThe Complainant must first establish a right that “is recognised or established by national and\/or Community law, such as the rights mentioned in Article 10(1)”. \r\n\r\nThe first paragraph of Article 10(1) of the Regulation deals with the entitlement of holders of prior rights “recognised or established by national and\/or Community law and public bodies” to apply to register domain names before general registration of .eu domain names. \r\n\r\nThe second paragraph of Article 10(1) of the Regulation states as follows “‘Prior rights’ shall be understood to include, inter alia, registered national and community trademarks, geographical indications or designations of origin, and, in as far as they are protected under national law in the Member-State where they are held: unregistered trademarks, trade names, business identifiers, company names, family names, and distinctive titles of protected literary and artistic works.”\r\n\r\nAccordingly, while the Complainant correctly asserts that family names are “formally listed” as relevant rights, that is only the case “in so far as they are protected under national law in the Member-State where they are held”. \r\n\r\nIn the Panel’s view, therefore, in order to rely on his surname as constituting a relevant right, the Complainant is required to establish that family names are protected under the law of Portugal. However, the Complainant has not mentioned any applicable Portuguese law, or even claimed that Portuguese law protects family names at all. On the other hand, the Respondent asserts, albeit without proof, that Portuguese law specifically provides that family names do not guarantee any special rights to a citizen. In any case, it is up to the Complainant to prove that he possesses relevant rights, and, in the Panel’s view, he has failed to do so.\r\n\r\nLack of Rights or Legitimate Interest \r\n\r\nIt is unnecessary to consider this element in view of the Panel’s conclusion above. \r\n\r\nBad Faith\r\n\r\nIt is unnecessary to consider this element in view of the Panel’s conclusion above.",
    "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": "2022-09-19 00:00:00",
    "informal_english_translation": "I.      Disputed domain name: soares.eu\r\n\r\nII.     Country of the Complainant: Portugal, country of the Respondent: Portugal\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: family name:\r\n\r\nV.    Response submitted: Yes\r\n\r\nVI.   The Complainant does not possess any protected rights.\r\n\r\nVII.  Rights or legitimate interests of the Respondent (Art. 21 (2) Regulation (EC) No 874\/2004): Not considered.\r\n\r\nVIII. Bad faith of the Respondent (Art. 21 (3) Regulation (EC) No 874\/2004): Not considered.\r\n\r\nIX.   Other substantial facts the Panel considers relevant: None.\r\n\r\nX.    Dispute Result: Complaint denied.\r\n\r\nXI.   Procedural factors the Panel considers relevant: None.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}