{
    "case_number": "CAC-ADREU-000466",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "Article 10 (1) of Commission Regulation (EC) No 874\/2004 of 28 April 2004 (hereafter \"the Regulation\") provides that holders of prior rights recognised or established by national or Community law shall be eligible to apply to register domain names during a period of phased registration before general registration of .eu domain starts, and that prior rights shall be understood to include, inter alia, registered national and community trademarks. \r\n\r\nShelf Service NV (hereafter \"the Applicant\") applied for the domain name on December 7, 2006. The validation agent received the documentary evidence on January 14, 2006, which is before the January 16, 2006 deadline. As the Respondent concluded that the documentary evidence showed that the Applicant was the holder of a validly registered Benelux CASHPOINT trademark, the Applicant's application for the domain name CASHPOINT was accepted.  \r\n\r\nThe complainant is a limited liability company founded in 1996 and registered with the Austrian Trade Registry since June  28th, 1996, no. FN 146190k under the Company Name of “CASHPOINT Sportwetten Gesellschaft m.b.H.”. \r\nCommon business purpose is Sports Bets (selling and positioning of internet self service terminals) as well as Online services for Casino and Gaming. The Internet Platform “www.cashpoint.at” was first set up in 2000. \r\nCASHPOINT Sportwetten Gesellschaft m.b.H. is the sister company of the continuously growing CASHPOINT Malta Ltd., the overall sales volume increasing from EUR 60 billion (2004) over EUR 142 billion (2005) to an expected number of EUR 350-380 billion in 2006. \r\nCASHPOINT operates 2200 branches in Europe, 300 of which are betting agencies. \r\n\r\n\r\nThrough its then representative, Mr. Josef Zimmerl, CASHPOINT Sportwetten Gesellschaft m.b.H. first registered the word-figurative mark “Cashpoint” with the Austrian Patent Office’s Trademark Register in accordance with the Austrian Federal Law on the Protection of Trade Marks 1970 (BGBl 1970\/260), on November 11th, 1995, Reg. No. 163617 (protection starting April 12th, 1996). The licensee, Mr. Zimmerl, transferred his property rights over the word-figurative mark “Cashpoint” to Ms. Waltraud Urschinger, one of the company’s shareholders, on May 9th, 2000. \r\nThe registration of  the word-figurative mark “Cashpoint” – for class no.41 (sports betting transactions and betting office services) – with the Austrian Patent Office was renewed on February 15th, 2001, Reg. No. 193 500 (protection starting Jan 23rd, 2001, lasting for ten years), the holder of the trademark now being CASHPOINT Sportwetten Gesellschaft m.b.H. \r\nOn February 20th, 2004, the word-figurative mark “Cashpoint” was registered for classes no. 9 (soft- and hardware for automated gaming apparatuses and gaming machines, software for handling betting transactions, especially via internet), 28 (gaming machines, automatic and coin-operated) and 41 (betting transactions, especially sports bets; betting office services) with the Austrian Patent Office, Reg. No. 215 159 (protection starting Jan 27th, 2004, lasting for ten years), the holder of the trademark being CASHPOINT Sportwetten Gesellschaft m.b.H. \r\nOn August 27th, 2004, CASHPOINT Sportwetten Gesellschaft m.b.H. applied for registration of a Community trade mark with the Alicante-based Office for Harmonization in the Internal Market (Trade marks and Designs), application no. 003982121. \r\nOn May 13th, 2005, the figurative mark “CASHPOINT” owned by CASHPOINT Sportwetten Gesellschaft m.b.H. received the Approval of Application of a Community Trade Mark by the Office for Harmonization in the Internal Market (Trade marks and Designs), application no. 003982121. \r\nOn October 10th, 2005, the figurative mark “CASHPOINT” was registered with the Office for Harmonization in the Internal Market (Trade marks and Designs), no. 003982121, Nice classification nrs. 9, 28 and 41; the trade mark owner being CASHPOINT Sportwetten Gesellschaft m.b.H. \r\nOn January 26th, 2006, CASHPOINT filed for the registration for the word mark “CASHPOINT” with the Alicante-based Office for Harmonization in the Internal Market (Trade marks and Designs), no. 003982121, Nice classification nrs. 9, 28 and 41; the trade mark owner being CASHPOINT Sportwetten Gesellschaft m.b.H.; the application was accepted.",
    "other_legal_proceedings": "Panel is not aware of any pending proceedings regarding the disputed decision or related domain name.",
    "discussion_and_findings": "This Complaint arises out of the interpretation and application of Commission Regulation (EC) No 874\/2004 of 28 April 2004 (“Regulation 874\/2004”) and the .eu Registration Policy and Term and Conditions for Domain Name Applications made during the Phased Registration Period (hereinafter “the Sunrise Rules”).  \r\n\r\nArt. 10 (1) of said Regulation 874\/2004 provides that holders of prior rights recognised or established by national or Community law shall be eligible to apply to register domain names during a period of phased registration before general registration of .eu domain starts, and that prior rights shall be understood to include, inter alia, registered national and community trademarks.    \r\n\r\nArt. 12(3) of said Regulation 874\/2004  provides that the request to register a domain name based on a prior right shall include a reference to the legal basis in national or Community law for the right to the name, as well as other relevant information, such as trademark registration number.  \r\n\r\nRecital 12 of said Regulation 874\/2004  sets out the purpose of the phased registration period in the following terms:  “In order to safeguard prior rights recognised by Community or national law, a procedure for phased registration should be put in place. Phased registration should take place in two phases, with the aim of ensuring that holders of prior rights have appropriate opportunities to register the names on which they hold prior rights. The Registry should ensure that validation of the rights is performed by appointed validation agents. On the basis of evidence provided by the applicants, validation agents should assess the right which is claimed for a particular name. Allocation of that name should then take place on a first-come, first-served basis if there are two or more applicants for a domain name, each having a prior right.”  \r\n\r\nThe Sunrise Rules govern all applications during the phased registration period (vide Object and Scope).  \r\n\r\nSection 3.1 (1) of the Sunrise Rules states that an application is only considered complete when the Applicant provides the Registry, via a registrar, with at least the following information, inter alia the full name of the prior right.  \r\n\r\nSection 11 (1) of the Sunrise Rules provides that \"[d]uring the first phase of the Phased Registration Period, only Domain Names that correspond to (i) registered Community or national trade marks or (ii) geographical indications or designations of origin, may be applied for by the holder ...of the Prior Right concerned…\"  \r\n\r\nSection 13 (1) (ii) of the Sunrise Rules provides that \"[w]here the Prior Right claimed by an Applicant is a registered trademark, the trade mark must be registered by a trade mark office in one of the member states, the Benelux Trade Marks Office or the Office for Harmonisation in the Internal Market (OHIM), or it must be internationally registered and protection must have been obtained in at least one of the member states of the European Union.\"  \r\n\r\nSection 11 (3) the Sunrise Rules, the Applicant for a domain name must be the owner or licensee of the claimed Prior Right.  \r\n\r\nArticle 14 (10) of the Regulation states that the Respondent shall register the domain name, on the first come first served basis, if it finds that the applicant has demonstrated a prior right. Shelf Service NV (hereafter \"the Applicant\") applied for the domain name on December 7, 2006. The validation agent received the documentary evidence on January 14, 2006, which is before the January 16, 2006 deadline. As the Respondent concluded that the documentary evidence showed that the Applicant was the holder of a validly registered Benelux CASHPOINT trademark, the Applicant's application for the domain name CASHPOINT was accepted.",
    "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": "2006-08-07 00:00:00",
    "informal_english_translation": "The Complaintant challenged the Eurid decision regarding the registration of the eu.domain name, providing evidence, that he has the Prior Right due to the Rules and that the EU Regulation 874\/2004  was violated in several important principles.\r\n\r\nThe ADR Panel found that \r\n\r\na) the Claimant arguments cannot be taken as a basis for revoking the Eurid decision and the interpretation of the EU Regulation 874\/2004  is not exact and correct\r\n\r\nb) the Respondent performed the registration of said domain name in accordance with all relevant regulation, that all rules and regulations were duly followed and that the acceptance of disputed Applicant application for the registration of said domain name on the basis of the Prior right and first-come-first-serve basis was correct.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}