{
    "case_number": "CAC-ADREU-000331",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "On December 7, 2005, De Webmakers filed an application for the registration of the domain name “INSIGHT”. De Webmakers was the second applicant for said domain name. \r\n \r\nOn January 5, 2006, De Webmakers submitted as Documentary Evidence Benelux trademark registered by Insight BV and a License declaration regarding this Benelux trademark between Insight BV and De Webmakers.\r\n\r\nEURid has accepted the application of De Webmakers to register the domain name INSIGHT. This acceptance within the first phase registration (Sunrise period) is subject to dispute.",
    "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": "According to article 10.2 of the Commission Regulation (EC) No 874\/2004 of 28 April 2004 the holders of prior rights which are recognised or established by national or Community law shall be eligible to apply to register domain names during a period of phased registration prior to the general registration of .eu domain starts. \r\n\r\nPanel finds that De Webmakers provided sufficient documentary evidence to prove that the Insight BV is the holder of a valid Benelux trademark INSIGHT. Panel also find that Insight BV licensed the trademark to De Webmakers. The license declaration in addition contains explicit authorisation to apply during the Phased Registration Period for the Domain Name INSIGHT. \r\n\r\nA registered Benelux trademark and License declaration regarding this Benelux trademark between Insight BV and the Applicant shall be considered a prior right. \r\n\r\nIn accordance with article 14 of the Commission Regulation (EC) No 874\/2004, the Registry shall register the domain name, on the first come, first served basis, if it finds that the applicant has demonstrated a prior right. \r\n\r\nThe Panel will not order Registry to investigate further whether or not a genuine license under the Mark was in place at the time of De Webmakers’ application for the Domain Name. \r\n\r\n\r\nTherefore the decision of the Respondent to accept the application of De Webmakers for the Domain name INSIGHT does not conflict with the Commission Regulation (EC) No 874\/2004",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that\r\n\r\nthe Complaint is Denied",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2006-06-02 00:00:00",
    "informal_english_translation": "The Complainant contends that the Registry decision to attribute the Domain Name INSIGHT to De Webmakers conflicts with the regulation. \r\n\r\nDe Webmakers is not holder of a registered national or Community trade mark and submitted its application on the basis of License declaration between the trademark owner Inside BV and De Webmakers. \r\n\r\nComplainant sought for Annulment of EURid's decision to register the Domain Name in the name of De Webmakers and Attribution of the Domain Name to the Complainant, Insight Direct UK Limited.\r\n\r\nPanel finds that De Webmakers provided sufficient documentary evidence to prove that the Insight BV is the holder of a valid Benelux trademark INSIGHT. Panel also find that Insight BV licensed the trademark to De Webmakers. The license declaration in addition contains explicit authorisation to apply during the Phased Registration Period for the Domain Name INSIGHT. \r\n\r\nPanel decided that decision of the EURid to accept the application of De Webmakers for the Domain name INSIGHT does not conflict with the Commission Regulation (EC) No 874\/2004  and therefore the complaint is denied.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}