{
    "case_number": "CAC-ADREU-000139",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Respondent, EURid, accepted the application for the domain name BOC (hereinafter “BOC”) submitted by Gemeentelijk Brandweerkorps Amsterdam of The Netherlands (hereinafter the “Public Body” or “Applicant”), as evidenced by the registration details attached at Annex 1 of the Complaint.\r\n\r\n\r\nThe Complainant maintains that (i) the mark BOC is not the complete name of the Public Body and it does not represent, and is not the acronym, generally used for the Applicant; and (ii) the mark BOC is not a prior right of the Applicant. \r\n\r\nThe Complainant had also applied for the disputed domain name within the Sunrise period and, as the next applicant in queue for the disputed domain name, the Complainant asked for the annulment of the Registry’s decision to register in favor of the Public Body and transfer it instead to the Complainant.",
    "other_legal_proceedings": "No legal proceedings have been issued or terminated in connection with the disputed domain name.",
    "discussion_and_findings": "The Panel assumes that the following facts in the ADR Proceeding are not controversial:\r\n\r\n-\tThe Applicant is a body of a local government (a public body under Art. 10 (1) of Regulation (EC) No. 874\/2004), and as such, it was eligible to apply for domain names during the period of phased registration before the general registration began for the .eu domain.  And, Art. 10 (2) of the same regulation states that public bodies do include, inter alia, bodies of local governments.\r\n-\tThe Applicant has filed its application in due time, which was also validated in due time by the Dutch Governmental Validation Point \r\n-\tBOC is not the complete name of the Public Body \r\n-\tThe Applicant does not hold BOC as a registered trademark.\r\n\r\nThe Panel had to decide on the following controversial points:\r\n\r\n1)   Whether or not BOC is an acronym of the Public Body and\r\n\r\n2) Whether or not the absence of a prior right (in the form of a registered trademark by Public Body) conflicts with Art. 10 of Regulation (EC) No. 874\/2004.\r\n\r\nAd 1) The Panel is convinced that the Applicant, upon the statement of the Dutch Governmental Validation Point, is a body of a local government, and that the mark BOC is an acronym of Brandweer Opleidings Centrum, which is the Fire Brigade Training Center of the Applicant.  The acronym is generally used for an activity or a department of the Amsterdam fire brigade. \r\n\r\nIn addition, the Registry had to accept the application for the registration of the disputed domain name, as an acronym, upon validation by the Member State, i.e., by the Dutch Governmental Validation Point ( Art. 10 (1), Art. 10 (3), Art.13 of Regulation (EC) No. 874\/2004). \r\n \r\nAd 2) The Panel considers that neither Art.10 (1) nor Art.10 (3) of Regulation No. 874\/2004 requires the application for a domain name by a public body to be based on an established mark nor any other prior right.\r\n\r\nThe Respondent, EURid, accepted the application for BOC by the Public Body on the first-come-first-serve basis, because of validation presented by the Dutch Governmental Validation Point, in due time. The validation proved that the Applicant is a body of a local government and that BOC is the acronym for Brandweer Opleidings Centrum.  BOC is generally used to convey an activity or a department of the Amsterdam fire brigade.",
    "decision": "For the reasons stated above and in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel rules the Complaint Denied.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2006-05-16 00:00:00",
    "informal_english_translation": "The Complainant claimed that the registration of the domain name BOC submitted by the Public Body conflicts with Art. 10(1) and Art. 10(3) of Regulation (EC) No.874\/2004.  Its reasoning was that the name BOC is neither the complete name of the Public Body nor an acronym generally used to represent it; and  (ii) BOC is not a registered or unregistered trademark, trade name, or business identifier of the Public Body.\r\n\r\nThe Panel found no breach of Regulation (EC) No.874\/2004. \r\n\r\nThe Registry recorded and assigned the disputed domain name after receiving a statement from the Dutch Governmental Validation Point proving that the Applicant is a part of a local government and that the letters BOC is an acronym generally used for the activity or department of the Public Body (Art. 10 (1), Art. 10 (3), Art.13 of Regulation (EC) No. 874\/2004). \r\n\r\nThe Panel considers that neither Art.10 (1) nor Art.10 (3) of Regulation No. 874\/2004 requires an application for a domain name submitted by a public body to be based on an established mark or any other prior right.\r\n\r\nThe Panel dismissed the Complaint.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}