{
    "case_number": "CAC-ADREU-002055",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "ITA Group A\/S (the \"Complainant\") applied for the registration of the domain names \"it-akadamiet.eu\", \"4mat.eu\" and \"aboutlearning.eu\" on 7 February 2006 and the documentary evidence then on 17 March 2006.",
    "other_legal_proceedings": "The panel is not aware of any other pending proceedings regarding the disputed domain names \"IT-AKADEMIET\", \"ABOUTLEARNING\" and \"4MAT\".",
    "discussion_and_findings": "The panel carefully considered both submissions of the parties and the documentary evidence submitted by the Complainant when applying for the registration of the respective domains.\r\n\r\n1. In respect of the application for registration of the domain “IT-AKADEMIET”, the panel found that the respective words are registered as secondary name (binavne) of the Complainant. The panel further found that the secondary name “IT-AKADEMIET” was registered in the public registry maintained with respect to the Complainant. \r\n\r\nAccording to the panel’s opinion, the secondary name according to the Danish law shall be regarded as a trade name according to the Regulation and the Sunrise rules. Trade name is a name under which a businessman markets his\/her\/its business or part of his\/her\/its business. The secondary name is registered on the same place, on which a businessman registers the company name as a “sub-name” to the company name. \r\n\r\nAccording 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. ‘Prior rights’ shall be understood to include, inter alia, trade names.\r\n\r\nPursuant Section 16 (2) of Sunrise Rules, since trade names are protected in all member states of the European Union, it is sufficient to provide the Validation Agent with the documentary evidence referred to in Section 16 (5) of the Sunrise Rules. Under Section 16 (5) of the Sunrise Rules it is sufficient to submit the following documentary evidence for trade names where it is obligatory and\/or possible to register the relevant trade name in an official register: (i) an extract from that official register, mentioning the date on which the trade name was registered; and (ii) proof of public use of the trade name prior to the date of Application (such as, but not limited to, proof of sales volumes, copies of advertising or promotional materials, invoices on which the trade name is mentioned etc.).\r\n\r\nFrom the documents presented by the Complainant to the Registrar it is obvious that the Complainant failed to provide the Registrar with the documentary evidence regarding public use of the trade name prior to the date of Application (such as, but not limited to, proof of sales volumes, copies of advertising or promotional materials, invoices on which the trade name is mentioned etc.).\r\n\r\nThe Registrar therefore correctly rejected the registration of the respective .eu domain.\r\n\r\n2. In respect of the applications for registration of the domains “About Learning” and “4mat”, the panel reviewed the respective documentation. The submitted documentary evidence was issued with respect the entity denoted as ITP GROUP A\/S, CVR Nr. 25381505. Neither the identity of the Complainant and ITP GROUP A\/S, nor the legal succession of the Complainant to rights of ITP GROUP A\/S could be ascertained from the submitted documents.\r\n\r\nThe Registrar therefore correctly rejected the registration of respective .eu domains.",
    "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": "2006-10-17 00:00:00",
    "informal_english_translation": "For the domain name \"IT-AKADEMIET\", the Complainant claimed a prior right in the form of a Company Name\/Trade Name\/ Business identifier protected in Denmark. The documentary evidence submitted by the Complainant consisted only of a certificate of registration of the company \"ITA Group A\/S\". From this document it is apparent that the name “IT-AKADEMIET” has been registered as the so called secondary name (“binavn(e)”).\r\n\r\n \r\n\r\nThe secondary name shall be regarded as a trade name. The panel points out that a trade name is the name under which the company markets the business or part of its business. For purpose of the .eu domain registration, it is documented by providing (i) an extract from that official register, mentioning the date on which the trade name was registered; and (ii) proof of public use of the trade name prior to the date of application for the .eu domain. The Complainant failed to fulfil the second requirement. The new documents attached to the complaint were not received by the validation agent during the 40 days period, which means that the panel could not use this information in its decision.\r\n\r\n \r\n\r\nFor the domain names \"ABOUTLEARNING\" and \"4MAT\", the Complainant claimed a prior right in the form of an Unregistered Trademark protected in Denmark. The documentary evidence submitted by the Complainant consisted only of a certificate of registration of the company \"ITP Group A\/S\", and not \"ITA Group A\/S\". Neither the identity of the Complainant and ITP GROUP A\/S, nor the legal succession of the Complainant to rights of ITP GROUP A\/S could be ascertained from the submitted documents. The Complainant therefore failed to provide the Registrar with the relevant documentary evidence.The Complainant failed to fulfil the second requirement. The new documents attached to the complaint were not received by the validation agent during the 40 days period, which means that the panel could not use this information in its decision.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}