{
    "case_number": "CAC-ADREU-001134",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant, Rabbi Guy David Hall, MA, is a Rabbi, offering rabbinical services via his web site at rabbi.eu.com since March 10, 2004.\r\n\r\nThe Respondent registered the disputed domain name on April 7, 2006, which was the first day of the so-called “landrush” period. \r\n\r\nOn April 29, 2006, the Complainant sent an e-mail to the Respondent, claiming better rights to the disputed domain name and asking the Respondent to transfer the registration in exchange for the initial registration fee. Respondent replied on May 9, stating that he rightfully registered the domain name.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings related to the disputed domain name.",
    "discussion_and_findings": "The Respondent, in a communication of May 19, 2006 to the Center, has expressed his willingness to comment on the Response. Considering the facts and arguments allready filed by the parties, the Panel decides that it is not necessary to obtain any further information or comments from either of the parties.\r\n\r\nThe Complaint seems to be based only on Complainant’s registration and use of the subdomain “rabbi” in rabbi.eu.com, registered on March 10, 2004. As pointed out by the Respondent, according to Article 21(1) of the Regulation, “a registered domain name shall be subject to revocation…where that name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and\/or Community law…”\r\n\r\nAricle 10(1) of the Regulation identifies “prior rights” as, inter alia, registered national and community trademarks, geographical indications or designations of origin, unregistered trademarks, trade names, business identifiers, company names, family names and distinctive titles of protected literary and artistic works.\r\n\r\nAlthough not specifically stated by the Respondent, it is so understood by the Panel that the Respondent claims to have unregistered trademark rights or trade name \/ business identifing rights to the word Rabbi.\r\n\r\nAs already stated, Rabbi is a generic term, meaning “teacher” or more literally “great one” in Judaism. If used in connection with teaching \/ religious services (“rabbinical services”), “rabbi” is definitely used in the generic and commonly understood meaning of the word.\r\n\r\nIt is, in some jurisdictions, possible to obtain trademark rights to unregistered words and signs. UK is one of those countries. Even generic words may be accepted as trademarks, if used extensively for goods and\/or services not commonly connected with the generic term.\r\n\r\nIn the present case, however, the Complainant’s base is use of a generic term for the generic services under a rather short period of time. Such use is, and must be, free for every undertaking wanting to offer the same or similar services. The Complainant has therefore not obtained any trademark rights or other rights identified in the Regulation.\r\n\r\nAs the Complainant has failed to prove any prior rights recognized or established by national and\/or Community law, the Panel denies the Complainant's request to transfer the disputed domain name to the Complainant.\r\n\r\nAccordingly, it is not necessary to proceed to examine whether the Respondent has any rights or legitimate interests in the name or if the domain name has been registered or is being used in bad faith.",
    "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": "2006-07-07 00:00:00",
    "informal_english_translation": "The Complainant, a Rabbi, is offering rabbinical services since 2004 via his web site under <rabbi.eu.com> and therefore claims to have obtained unregistered rights to the word “Rabbi”. \r\n\r\nThe Respondent registered the disputed domain name <rabbi.eu> on April 7, 2006 on first come, first served basis.\r\n\r\nThe Complaint was denied as use of a generic word for services commonly connected to and described with that generic word cannot form the base for any sole rights to such word and thus the Complainant had failed prove any prior rights as identified in Aricle 10(1) of the Regulation.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}