{
    "case_number": "CAC-ADREU-001720",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "On January 19, 2006, Complainant filed an application for the domain name <bl.eu> (hereinafter: \"Domain Name\"). The application was made under the .eu Registration Policy and Terms and Conditions for Domain Name Applications made during the Phased Registration Period (hereinafter: \"Sunrise Rules\"). \r\n\r\nComplainant invoked as a Prior Right, pursuant to Sections 13 and 19.2 of the Sunrise Rules, a Czech registered trademark \"BL\", applied for on September 12, 1961 and registered under No. 154853 on September 26, 1961 (hereinafter: \"Complainant's Trademark\") \r\n\r\nComplainant transmitted all the required documents well before the deadline of February 28, 2006.\r\n\r\nHowever, Complainant's application for the Domain Name was the third in a queue of applications.\r\n\r\nThe first application for the Domain Name was made on December 7, 2005 by Den Blaa Avis A\/S, a Danish company (hereinafter: \"Den Blaa\"). \r\n\r\nDen Blaa invoked as a Prior Right the Danish registered trademark \"bl\", applied for on November 30, 2005 and registered on December 1, 2005 under No. 2005 04836 (hereinafter: \"Den Blaa's Trademark\"). \r\n\r\nDen Blaa transmitted all the required documents well before the deadline of January 16, 2006.\r\n\r\nAs a consequence, the Validation Agent validated Den Blaa's Prior Right and the Registry (i.e. Respondent) decided to accept Den Blaa's application for the Domain Name.   \r\n\r\nComplainant does not agree with the registration of the Domain Name and filed a Complaint under the .eu Alternative Dispute Resolution Rules (hereinafter: \"ADR Rules\"). \r\n\r\nComplainant requests the annulment of the decision taken by the Registry and the transfer of the Domain Name to him.",
    "other_legal_proceedings": "None, at the best knowledge of the Panel.",
    "discussion_and_findings": "Article 22.11. of the Regulation 874\/2004 provides that in case of a procedure against the Registry, the ADR panel shall decide whether a decision taken by the Registry conflicts with, amongst others, the Regulation 874\/2004. \r\n\r\nThe Panel finds that Den Blaa was the first applicant for the Domain Name in a queue of applications and that Complainant was the third applicant for the Domain Name.\r\n\r\nDen Blaa and Complainant both applied during the Sunrise Period and invoked their respective national trademarks (i.e. respectively the Den Blaa's Trademark and the Complainant's Trademark) as a Prior Right. In both cases all Documentary Evidence proving their respective Prior Right was received in due course.   \r\n\r\nAs Respondent points out correctly, Article 14 of the Regulation 874\/2004 provides that \"If the Registry receives more than one claim for the same domain during the phased registration period, applications shall be dealt with in strict chronological order.\"\r\n\r\nMoreover, Article 14 of the Regulation 874\/2004 and Section 2.1. of the Sunrise Rules, provide that the \"First Come, First Served Principle\" also applies during the Sunrise Period. \r\n\r\nThe sole fact that a later applicant for a domain name (in the present case: Complainant) can invoke a Prior Right of an earlier date than the Prior Right of the first applicant (in present case: Den Blaa), is in the light of the foregoing not relevant.   \r\n\r\nAs a consequence, the Panel finds that Respondent's decision to accept Den Blaa's application for the Domain Name does not conflict with the Regulation 874\/2004. Consequently, the Complaint is denied.",
    "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": "2006-08-30 00:00:00",
    "informal_english_translation": "Complainant seeks the annulment of the decision of the Registry (i.e. Respondent) to accept the first application in a queue of applications for the domain name <bl.eu> (hereinafter: \"Domain Name\") and requests the Domain Name be transferred to him. \r\n\r\nComplainant, being the third applicant in line, contends that the Prior Right on which Complainant's application was based (i.e. a Czech registered trademark) is of an earlier date than the Prior Right on which the first applicant based its application (i.e. a Danish registered trademark). \r\n\r\nBoth applications were made during the Sunrise Period. In both cases Documentary Evidence proving the Prior Right was received in due time.   \r\n\r\nRespondent contends that as regards the first application for the Domain Name, the  Validation Agent decided that the Prior Right had been demonstrated and that, accordingly, the Registry rightfully decided to accept the first application for the Domain Name.\r\n\r\nThe Panel finds that Article 14 of the Regulation 874\/2004 provides that \"If the Registry receives more than one claim for the same domain during the phased registration period, applications shall be dealt with in strict chronological order.\" Moreover, Article 14 of the Regulation 874\/2004 and Section 2.1. of the Sunrise Rules, provide that the \"First Come, First Served Principle\" also applies during the Sunrise Period. \r\n\r\nAs a consequence, the Panel concludes that the sole fact that a later applicant for a domain name can invoke a Prior Right of an earlier date than the Prior Right of the first applicant, is in the light of the foregoing not relevant.   \r\n\r\nGiven the above, and since the sole object and purpose of an ADR Proceeding against the Registry is to verify whether the relevant decision by the Registry conflicts with the EC Regulations on the \". eu\" Top Level Domain, the Panel finds that Respondent's decision to accept the first application for the Domain Name does not conflict with the Regulation 874\/2004. Consequently, the Complaint is denied.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}