{
    "case_number": "CAC-ADREU-001364",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "1. The domain name application proceeding.\r\nThe Complainant, the Dutch company Kuffer Marketing GmbH applied, on December 7, 2005, for the registration of the domain name “gutscheinbuch.eu”, i.e. during the Sunrise period. On January 4, 2006, the documentary evidence was received, i.e. before the January 16, 2006 deadline.    The Complainant submitted with its application two trademark certificates of the German (composite) trademarks n° 305 26 050 and 302 05 860. The Registry concluded from its examination of the documentary evidence that the Complainant did not have a prior right on the name GUTSCHEINBUCH, because of an error in the transcription of the composite trademarks. Consequently, the Registry rejected the application for the domain name “gutscheinbuch.eu”.\r\n\r\n2. The ADR proceeding.\r\nOn May 12, 2006, Kuffer Marketing GmbH submitted a Complaint which was received in hardcopy on July 17, 2006 by the Czech Arbitration Court. The ADR proceedings formally started on July 17, 2006.  On September 7, 2006, EURid sent its response to the Complaint.",
    "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": "Article 10.1 Paragraph 2 of Regulation (EC) 874\/2004 provides that “’Prior rights’ shall be understood to include, inter alia, registered national and community trademarks, geographical indications or designations of origin, and, in as far as they are protected under national law in the Member-State where they are held: unregistered trademarks, trade names, business identifiers, company names, family names, and distinctive titles of protected literary and artistic works”.\r\n\r\nArticle 12.2 of Regulation (EC) 874\/2004 paragraph 3 states that “ […] During the first part of phased registration, only registered national and Community trademarks, geographical indications, and the names and acronyms referred to in Article 10(3), may be applied for as domain names by holders or licensees of prior rights and by the public bodies mentioned in Article 10(1)\".\r\nArticle 12.2 of Regulation (EC) 874\/2004 paragraph 4 states that \"During the second period of phased registration, the names that can be registered in the first part as well as names based on all other prior rights can be applied for as domain names by holders of prior rights on those names”.\r\nArticle 14 of Regulation (EC) 874\/2004 paragraph 1states that “all claims for prior rights under Article 10 (1) and (2) must be verifiable by documentary evidence which demonstrates the right under the law by virtue of which it exists”.\r\nThe Complainant sent as documentary evidence two German trademark certificates during the fourty days deadline.The Complainant refers in its complaint to a protection on “gutscheinbuch” as title of work under German law and, according to German case law, as domain names, to justifiy its prior rights on “gutscheinbuch”. \r\nThese rights now claimed by the Complainant could not have been invocked at the time of the domain name application since this application was submitted during the first Sunrise period that was not opened to holders of such rights.\r\nThese rights have not been examined during the validation process and can not be taken into consideration by the Panel.\r\nRegarding the Complainant’s trademark rights, the Panel refers to Article 10.2 of the Regulation, which states 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 exists”.\r\nThe two composite trademarks consist of the cover of a book with a picture and other words than “gutscheinbuch”.The Compainant alleges that the other words contained in the trademarks are not distinctive but it does not belong to the Panel to appreciate the scope of the Complainant’s prior rights (case n° 01427, Bonollo).\r\nThe Respondent’s decision to refuse to register the disputed domain name “gutscheinbuch.eu” was consequently correct and does not conflict with EC Regulations.",
    "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": "2006-09-19 00:00:00",
    "informal_english_translation": "The Complainant filed an application for the domain name “gutscheinbuch.eu” on the basis of two German composite trademarks including the term “gutscheinbuch” among other words and a device element.\r\nThe Respondent rejected the Complainant’s application on the ground that there was an error of transcription between the trademarks and the domain name applied for.\r\nThe Complainant refers in its complaint to a protection on “gutscheinbuch” as title of  work under German law and, according to German case law, as domain names, to justifiy its prior rights on “gutscheinbuch”. \r\nThese allegations can not be taken into consideration by the Panel as, on the one hand,  these categories of prior rights were not admitted during the first Sunrise period and, on the other hand, the examination of the composite trademarks by the Panel reveals that the domain name applied for by the Complainant does not correspond to the complete name on which he requests prior rights, in contradiction with Article 12.2 paragraph 4 and Article 10.2 and of Regulation (EC) 874\/2004.\r\nThe Complaint is therefore denied.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}