{
    "case_number": "CAC-ADREU-001669",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "Complainant filed the application for the domain name hds.eu and was received by Arbitration Court 7 June 2006, Respondent have been notified. A domain name application hds.eu was filed on December 7, 2005 in the name of the firm Tegometall Ladenbau GmbH, seated at Bleicherstr. 14, 78467 Konstanz, Baden-Württemberg, Germany. The granted domain name was granted to the above mentioned firm in Complainant’s opinion in contrary to the valid legislation and rules since it does not have the required priority right. The registration of the domain hds.eu by the Respondent is subject to dispute.",
    "other_legal_proceedings": "nihil",
    "discussion_and_findings": "The complaint of the Complainant as well as the Respondent’s response was duly reviewed.\r\n\r\nPursuant to Article 14 (4) of the EC Regulation 874\/2004, the Registry shall register the domain name on the first-come-first-serve basis if it finds that the applicant has demonstrated a prior right. \r\n\r\nPursuant to Article 12 (2) of the EC Regulation 874\/2004 licensees of trademark owner may also apply for the corresponding domain name. \r\n\r\nPursuant to .eu Sunrise Rules Section 11(1) as rightly argued Complainant: „ During the first phase of the Phased Registration Period, only Domain Names that correspond to registered Community or national trade marks [...] may be applied for by the holder and\/or licensee (where applicable) of the Prior Right concerned [...]“\r\n\r\nTegometall Ladenbau GmbH has its registered offices in Germany and therefore it is an eligible entity pursuant to Article 4 (2) b of the EC Regulation 733\/2002. \r\n\r\nIn my opinion, the content of the complaint shows that the Complainant was not aware of the fact that the applicant has been duly licensed to use the valid Community trademark. This fact is, however the key element of the dispute resolution.\r\n\r\nSection 20 (1) of the .eu Sunrise Rules, states that when an applicant has obtained a licence for a registered trade mark in respect of which it claims a prior right, it must enclose with the documentary evidence an acknowledgement and declaration form duly completed and signed by both the licensor of the relevant registered trade mark and the applicant.\r\n\r\n After review of the documentary evidence it is clear that the requirement of the Section 20 (1) of the .eu Sunrise Rules have been met by Tegometall Ladenbau GmbH, Germany.\r\n\r\nSummarizing the above stated, also bearing in mind the decisions in cases No.00495 (STEMCELL) and No.01012 (50PLUS), I did not find the contested decision to accept the application of Tegometall Ladenbau GmbH, Germany made by the Respondent in conflict with any of the European Union Regulations.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) of the Rules, the Panel orders that\r\n\r\nthe Complaint is Denied",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2006-08-31 00:00:00",
    "informal_english_translation": "The Complainant claimed that the current registration of the domain name hds.eu must be rejected and the domain name must be transferred to the Complainant on the grounds that the Respondent breached the rules on priority rights because of missing trademark ownership. \r\n\r\nThe Panel reviewed the arguments of Complainant as well as Respondent and found no breach of any of the European Union Regulations on the side of Respondent. The registration of the domain name hds.eu in favour of Tegometall Ladenbau GmbH, Germany have been made in compliance with the Article 12(2) of EC Regulation 874\/2004 as well as stated and requested by Section 11(1) and 20(1) of .eu Sunrise Rules, since the applicant Tegometall Ladenbau GmbH, Germany demonstrated a right which is prior to his domain name application, inter alia, with the proper documentary evidence - Licence agreement allowing it to use the Community trademark HDS for the domain name purposes.\r\n\r\nThe Respondent correctly accepted the application of Tegometall Ladenbau GmbH, Germany in compliance with the Article 12(2) of Regulation No 874\/2004 as well as Article 4 (2) b of the EC Regulation 733\/2002 as well as Sections 11(1) and 20(1) of .eu Sunrise Rules. The Panel denied the complaint.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}