{
    "case_number": "CAC-ADREU-001407",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "STP Informationstechnologie AG (hereinafter the “Complainant”) applied for registration of the domain “lexolution.eu” on December 7, 2005 at 12:40:05\r\n\r\nOn December 12, 2005, the trademark on the basis of which the Complainant claims its “prior right” was registered.\r\n\r\nThe documents evidencing the application were filed to the EURID (hereinafter the “Respondent” or the “Registry”) on January 13, 2006, i.e. within the prescribed period.\r\n\r\nOn April 10, 2006, the Respondent notified the Complainant that the registration was rejected.\r\n\r\nThe complaint was filed on May 19, 2006, whereas the respective deadline was May 20, 2006.",
    "other_legal_proceedings": "",
    "discussion_and_findings": "According to Article 10 (1) of the Regulation, “holders of prior rights recognised or established by national and\/or Community law and public bodies shall be eligible to apply to register domain names during a period of phased registration before general registration of .eu domain starts.“\r\n\r\nPursuant to Article 12 (2) of the Regulation, “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) of the Regulation, may be applied for as domain names by holders or licensees of prior rights and by the public bodies mentioned in Article 10 (1) of the Regulation.”\r\n\r\nPursuant to Article 14 of the Regulation, “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\n\r\nFurthermore according to Article 14 of the Regulation, ”every applicant shall submit documentary evidence that shows that he or she is the holder of the prior right claimed on the name in question”\r\n\r\nFurthermore, pursuant to Article 14 of the Regulation, “the relevant validation agent shall examine whether the applicant has prior rights on the name.” \r\n\r\nThe Registry shall register the domain name, on the first come first served basis, if it finds that the applicant has duly demonstrated a prior right.\r\n\r\nUnder Section 11 of the Sunrise Rules, the applicant must be the holder (or licensee, where applicable) of the Prior Right claimed no later than at the date on which the application is received by the Registry, on which date the Prior Right must be valid, which means that it must be in full force and effect.\r\n\r\nUnder Section 13 (1) of the Sunrise Rules, (i) Where the Prior Right claimed by an Applicant is a registered trade mark, 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. (ii) A trade mark application is not considered as a Prior Right.\r\n\r\nThus, as it results from the said stipulations, (i) trademark application shall not be considered as a \"Prior Right\" for the purposes of the .eu Domain Name registration, and (ii) \"Prior Right\" shall be valid no later than on the date on which the application is received by the Registry. \r\n\r\nFrom the “WHOIS Database” it results that the application of the respective .eu domain has been filed by the Complainant on December 7, 2005 12:40:05.026.\r\n\r\nThe Complainant subsequently provided the relevant validation agent with an evidence of existence of the German trademark “Lexolution” registered in name of the Complainant.\r\n\r\nHowever, the said trademark was registered on December 12, 2005.\r\n\r\nTaking into account the above facts, it is apparent that the trademark “Lexolution” registered with the German Patent and Trade Mark Office only on December 12, 2005 did not constitute the \"Prior Right\" on the date on which the Application was received by the Registry.\r\n\r\nThe Registry correctly denied the registration of the eu-domain-name “lexolution.eu”.",
    "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": "2006-07-28 00:00:00",
    "informal_english_translation": "According to Article 10 (1) of the Regulation, “holders of prior rights recognised or established by national and\/or Community law and public bodies shall be eligible to apply to register domain names during a period of phased registration before general registration of .eu domain starts.“\r\n\r\nThus, if the application is filed at the moment when the “prior right” had not been constituted yet and such fact is apparent from the submitted documents, the respective application has to be denied.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}