{
    "case_number": "CAC-ADREU-000713",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant applied for the domain name huettinger.eu on December 7, 2005. The application was based on the German composite trademark n° 39517834 registered on March 29, 1996 by Fritz Huttinger Elektronik GmbH. The trademark was acquired by HUTTINGER GmbH + Co. KG in February 20, 2003 which authorised TRUMPF GmbH + Co. KG to apply for the disputed domain name as licensee.",
    "other_legal_proceedings": "The Panel is not aware of any pending legal proceedings relating to the disputed domain name.",
    "discussion_and_findings": "The article 10.1 of the Regulation 874\/2004 states that “holders of prior rights recognised or established by national law (…) shall be eligible to register domain names during a period of phased registration before general registration of .eu domain starts.\r\n\r\n“Prior rights” shall be understood to include, inter alia, registered national (…) trademarks”\r\n\r\nThe owner of the trademark, on which the application is based, is HUTTINGER GmbH + Co. KG which has acquired it from Fritz Huttinger Elektronik GmbH.  The Complainant, TRUMPF GmbH + Co. KG, is the legitimate licensee of the trademark’s owner. \r\n\r\nTherefore, the Panel finds that the Complainant was entitled to apply for a domain name according to the Article 12.2 of the Regulation. \r\n\r\nIn light of the articles 10.1 and 12.2 of the Regulation, holders of company names shall be eligible to register domain names only during the second sunrise period. Therefore, the Panel finds that the Complainant's reference the company name of the licensor as an alternative basis for the application should be disregarded in the present decision.\r\n\r\nArticle 10.2 of the Regulation provides that “the registration on the basis of a prior right shall consist of the registration of the complete name for which the prior right exists, as written in the documentation which proves that such a right exist.” The Complainant, based its domain name application for HUETTINGER on the composite German trademark consisting in the word HUTTINGER and two stylised letters H, one smaller included into the other in contrasting colors.\r\n\r\nThe Article 11 of the Regulation states that “Without prejudice to the third paragraph of Article 6, if the prior right name contains letters which have additional elements that cannot be reproduced in ASCII code, such as ä, é or ñ, the letters concerned shall be reproduced without these elements (such as a, e, n), or shall be replaced by conventionally accepted spellings (such as ae). In all other respects, the domain name shall be identical to the textual or word elements of the prior right name.”\r\n\r\nTherefore, the Panel finds that the verbal portion of the registered trademark was correctly reproduced in HUETTINGER. \r\n\r\nThe Article 19.2 of the Sunrise Rules states: “A prior right claimed to a name included in figurative or composite signs (signs including words, devices, pictures, logos etc…) will only be accepted if:\r\n(i)\tthe sign exclusively contains a name, or\r\n(ii) the word element is predominant and can be clearly separated or distinguished from the device element \r\nprovided that \r\n(a)\tall alphanumeric characters (including hyphens if any) included in the sign are contained in the domain name applied for, in the same order as that they appear in the sign, and\r\n(b)\tthe general impression of the word is apparent, without any real possibility of misreading the characters of which the sign consists or the order in which those characters appear”\r\n\r\nIn the present case, the Panel finds that the composite mark does not comprise exclusively the name HUETTINGER but also the stylised letters HH.  The word element HUETTINGER is not predominant and the letters “HH” contained in the composite trademark must be interpreted, for the purposes of article 19.2 (a) of the Sunrise Rules, as alphanumeric characters. \r\n\r\nTherefore the Panel finds that the letters HH should have been included in the domain name application as also decided in the case N. 00470 O2 Developpement v. EURid (O2), case N. 01053 SANTOS Jacques Fouquet v. EURid (SANTOS) and Case N. 01438 Ellison Educational Europe, Ltd. v. EURid (ELLISON).",
    "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": "2006-08-29 00:00:00",
    "informal_english_translation": "\nThe Complainant, based its domain name application for HUETTINGER on the composite German trademark consisting in the word hüttinger and two stylised letters H, one smaller included into the other in contrasting colours pointing out that it was not possible for the stylized \"H\" in the center of the logo to be misinterpreted as part of the word element.\r\n\r \nThe Respondent considered that the Complainant’s application did not consist of the complete name of the prior right on which the application was based as not all alphanumerical characters depicted in the trademark have been included in the domain name applied for, thus rejecting the application.\r\n\r \nIn light of Article 10.2 of the Regulation and Article 19.2 of the Sunrise Rules states, the Panel found that the composite mark did not comprise exclusively the name HUETTINGER but also the stylised letters HH.  The word element HUETTINGER was not predominant and the letters “HH” contained in the composite trademark must be interpreted, for the purposes of article 19.2 (a) of the Sunrise Rules, as alphanumeric characters.\r\n\r \nThe Panel found that the letters HH should have been included in the domain name application and the Complaint was therefore denied.\n  ",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}