{
    "case_number": "CAC-ADREU-000207",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The complaint was received by the Center by e-mail and in hardcopy on March 6th, 2006. The complainant challenges the rejection of the complainant’s application for registering the Domain <merak.eu>.The formal commencement of the ADR proceeding is March 16th, 2006.",
    "other_legal_proceedings": "",
    "discussion_and_findings": "By virtue of Art 10.2 Reg (EC) No 874\/2004, prior rights shall be understood to include, inter alia, registered community trademarks. By virtue of Section 11 of the .eu Registration Policy and Terms and Conditions for Domain Name Applications made during the Phased Registration Period, during the first phase of the Phased Registration Period only Domain Names that correspond inter alia to community trademarks may be applied for. In order to prove the trademark registration, it is sufficient to submit an extract from an official database. A trademark application is not considered a Prior right; the same is true for trademarks which are subject to opposition.\r\nBecause of the fact that the complainant was the first applicant for the domain <merak.eu> and its accredited registrar submitted extracts from the registered figurative community trademarks No 000003020 and 000413187 in time, the Panel is of the opinion, that when examining the complainants application for the domain <merak.eu>, the registry did merely take into account the trademark for which an opposition was pending, and disregarded the two other trademark registrations submitted to the validation agent which were in full force and effect. One trademark is enough to establish prior rights for the application in the first phase of the Phased Registration Period.\r\nThe fact that the trademarks in questions are figurative trademarks does not exclude the complainant from registering in the first phase, because the dominant element of the figurative trademarks is the word “MERAK”.\r\nThis finding is also supported by respondent’s contentions in its response.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the EURID’s decision be annulled.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2006-05-23 00:00:00",
    "informal_english_translation": "The complainant challenged the rejection of its domain name application by the registry. Although the complainant was the first applicant for the domain name <merak.eu> and its accredited registrar submitted the proofs of three community trademark registrations in time, the registry rejected the application.\r\nOne of the three uploaded trademark registrations was subject to opposition; the registry therefore took the view that the complainant did not poof its prior right. However, the registry did not take into account the two other trademark registrations submitted to the validation agent which were in full force and effect.\r\nThe Panel therefore annulled the registry’s decision, as the proof of one prior right is sufficient for an applicant to become the holder of a .eu domain name.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}