{
    "case_number": "CAC-ADREU-002072",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "easycare Research GmbH (hereinafter \"the Complainant\") applied for the domain name “easycare-research.eu” on January 24, 2006. \r\n \r\nThe validation agent received the documents evidencing the application on January 30, 2006, i.e. within the prescribed period.   \r\n\r\nOn May 24, 2006 the EURID (hereinafter the “Respondent” or the “Registry”) issued the decision based on which the application for the registration of the domain name “easycare-research.eu” was rejected.\r\n\r\nIn this context, the Complainant submitted to the Czech Arbitration Court the complaint by email on June 30, 2006 and on July 7, 2006 in hardcopy claiming the annulment of the decision and attribution of the domain name “easycare-research.eu” to the Complainant. The formal date of the commencement of the ADR Proceeding (hereinafter the “ADR Proceeding”) is July 12, 2006.",
    "other_legal_proceedings": "",
    "discussion_and_findings": "According to Article 10 (1) of the Regulation, the holders of prior rights which are recognized or established by national or Community law 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\nAccording to Article 10 (2) of the Regulation, the domain 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\n\r\nAccording to section 19 (2) of the Sunrise Rules which further clarifies the application of Article 10 (2) of the Regulation, a prior right claimed to a name included in figurative or composite signs will be only accepted if (i) the sign exclusively contains a name or (ii) the word element is predominant, and can be clearly separated or distinguished from the device element provided that (a) all alphanumeric characters (including hyphens, if any) included in the sign are contained in the domain name applied for, in the same order as that in which they appear in the sign and (b) the general impression of the word is apparent.\r\n\r\nHowever, according to section 19 (4) of the Sunrise Rules for trade names, company names and business identifiers, the company type (such as, but not limited to, “SA”, “GmbH”, “Ltd.”, or “LLP”) may be omitted from the complete name for which the prior right exists.\"  \r\n\r\nAccording to Article 14 paragraph 4 of the Regulation every applicant must submit documentary evidence that shows that he or she is the holder of the prior right claimed on the name in question. The applicant shall submit the evidence in such a way within forty days from the submission of the application for the domain name otherwise the application for the domain name shall be rejected. \r\n\r\nAccording to section 21 (2) of the Sunrise Rules, the validation agent shall examine whether an applicant has a prior right to the name exclusively on the basis of a prima facie review of the first set of documentary evidence it has received. According to section 21 (3) of the Sunrise Rules, the validation agent is not obliged, but is permitted in its sole discretion, to conduct its own investigations into the circumstances of the application, the prior right claimed and the documentary evidence produced.  \r\n\r\nAs it results from section 11 of the Sunrise Rules, during the phased registration period it was possible to file the application for the the domain registration on the basis of a prior right understood as trade name, company name and\/or business identifier only in its second phase, i.e. from February 7, 2006 until April 6, 2006 (hereinafter the “Sunrise II”).      \r\n\r\nThe Complainant applied for the domain name “easycare-research.eu” on January 24, 2006, i.e. in the first phase of the phased registration period (hereinafter the “Sunrise I”) on the basis of the existence of the prior right, i.e. the trademark. \r\n\r\nAccording to the Complainant the validation agent was provided on 30 January, 2006 with two (2) trademark certificates evidencing the existence of (i) the trademark “easycare Research GmbH” and (ii) the trademark “easycare”  whereas according to the Respondent the Complainant provided the validation agent on 30 January, 2006 only with the trademark certificate confirming the existence of the trademark “easy care Research GmbH”. As it results from the documentation released from the part of Registry, the validation agent was only provided with the trademark certificate confirming the existence of the trademark “easy care Research GmbH“.\r\n\r\nTaking into account the cited stipulations and the said facts it thus results that (i) every applicant must submit documentary evidence that shows that he or she is the holder of the prior right claimed on the name in question, (ii) the domain 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, (iii) the burden of proof lies on the applicant who must submit documentary evidence that shows that he or she is the holder of the prior right claimed on the name in question, (iv) the validation agent\/Registry shall examine whether the applicant has a prior right to the name exclusively on the basis of a prima facie review of the first set of documentary evidence it has received and is not in any way obliged or forced to conduct its own investigations into the circumstances of the application.\r\n\r\nIn regard to the domain registration on the basis of a prior right, the Panel, in the “light” of section 19 (2) of the Sunrise Rules, further concluded that it is clear that all alphanumeric characters (including hyphens, if any) included in the sign shall be contained in the domain name applied for, in the same order as that in which they appear in the sign.    \r\n\r\nIn the opinion of the Panel, it is also clear that, with regard to the fact that the domain registration was based on the existence of prior right corresponding to the trademark, rules contained in section 19 (4) of the Sunrise Rules do not apply. The said provision may only apply to the domain registrations based on prior right corresponding to trade names, company names and business identifiers, i.e. to domain registrations made in the Sunrise II period.    \r\n\r\nThe trademark certificates provided by the Complainant in the ADR Proceeding confirm the existence of the trademark “easy care Research GmbH” and the trademark “easy care”. The Complainant claims the existence of the prior right based on the existence of the said trademarks. Nevertheless, the Complainant applied for the eu. domain name “easycare-research”, the wording of which is clearly different from the wording of the said trademarks, in the Sunrise I period. There is no doubt that the domain name the Complainant applied for does not consist of the complete name contained in any of the said trademarks, thus, it is not possible to register it based on the existence of any of the said trademarks.\r\n\r\nDue to the fact that neither the trademark “easy care Research GmbH“ nor the trademark “easy care“ may in any way serve as the basis for the registration of the domain name “easycare-research.eu” in this case the Panel did not consider whether the Complainant actually provided the validation agent\/ Registry with the documentary evidence confirming the existence of the trademark “easy care“ within the prescribed period.           \r\n\r\nOn the ground that the Complainant applied for the registration of domain name in the Sunrise I period based on the existence of the trademark the Panel also did not consider as relevant for its decision the excerpt from the Commercial Register of the Complainant’s registration provided from the part of the Complainant no sooner than in the ADR Proceeding.   \r\n\r\nThe Registry correctly rejected the registration of the domain name “easycare-research.eu”.",
    "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": "2006-09-28 00:00:00",
    "informal_english_translation": "The Complainant contested the decision of the Registry to reject the application for the registration of the domain name “easycare-research.eu” on the ground of alleged inconsistencies between the name to which the Complainant’s prior right was claimed and the domain name applied for by the Complainant. \r\n\r\nThe Complainant primarily based its complaint on the existence of the German trademark “easy care Research GmbH” No. 301 26 720.0, applied for on April 26, 2001 and registered in favor of the Complainant on August 30, 2001.\r\n\r\nAccording to Article 10 (2) of the Regulation, the domain 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\n\r\nAccording to section 19 (2) of the Sunrise Rules which further clarifies the application of Article 10 (2) of the Regulation, a prior right claimed to a name included in figurative or composite signs will be only accepted if (i) the sign exclusively contains a name or (ii) the word element is predominant, and can be clearly separated or distinguished from the device element provided that (a) all alphanumeric characters (including hyphens, if any) included in the sign are contained in the domain name applied for, in the same order as that in which they appear in the sign and (b) the general impression of the word is apparent.\r\n\r\nSince the complete name for which the Complainant’s prior right existed did not conform to the domain name applied, the application was rightfully rejected by the Registry.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}