{
    "case_number": "CAC-ADREU-002093",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "Oficyna Wydawnicza MAZUR Sp. z o.o. (hereafter \"the Complainant\") applied for the domain name MAZUR on 1 April 2006. The Complainant's company name \"Oficyna Wydawnicza MAZUR sp. z o.o.\" has been registered in the Polish court under the number KRS 0000107944.  \r\n\r\nThe documentary evidence was received on 3 April 2006, which was before the 11 May 2006 deadline.\r\n\r\nThe Complainant submitted documentary evidence substantiating that the Complainant's company name is \"Oficyna Wydawnicza MAZUR sp. z o.o.\".\r\n\r\nThe validation agent concluded from its examination of the documentary evidence that the Complainant did not demonstrate that it was the holder of prior right on the name MAZUR alone.\r\n\r\nConsequently, the Respondent rejected the application for the domain name MAZUR.",
    "other_legal_proceedings": "",
    "discussion_and_findings": "The issue to be addressed is whether the complainant’s right to the registered company name “Oficyna Wydawnicza MAZUR sp. zo.o.” can be used to claim a prior right on the name MAZUR alone.\r\n\r\nArt. 10 (2) of the Regulation 874\/2004 and Article 19 (1) of the Sunrise Rules state clearly that the domain name based on this prior right must consist of all alphanumerical characters, except for the company type.\r\nThe complainant’s contention that the first part “Oficyna Wydawnicza” is only descriptive and can therefore be neglected cannot be followed with regard to the clear wording of Art. 10(2) of Regulation 874\/2004 and Art. 19 (1) of the Sunrise Rules. The case law has also well established that not only the main “identifier” of a company’s name forms the basis for registration but the exact characters of the registered prior right (No. 1053 (SANTOS), No. 470 (O2), No. 2061 (MODLINE)). This practice is not a mere formalism. The limited nature of “.eu” domain names justifies a domain name distribution strictly based on alphanumerical characters of the prior right. If the complainant’s company only registered MAZUR as an editing house he will only receive the domain name for MAZUR in this function.\r\n\r\nThe complainant argues that his right to the domain MAZUR.eu can be based on the fact that his company is world famous. This statement in itself is not a sufficient basis for registration and was not supported by any documentary evidence.\r\n\r\nFurthermore, the complainant points out that he is the owner of the polish domain name www.mazur.biz.pl for many years. However, a right to a national domain name is not recognized as a prior right under the “Sunrise-Rules”, Art. 10 (1) 874\/2004 and cannot be invoked here. The registration of the Polish domain name does emphasize that the main identifier of the complainant’s company is MAZUR but as pointed out above, this is not relevant for a “.eu” registration.\r\n\r\nThe respondent is thereby correct to state that the complainant’s prior right could only serve as a prior right for the domain name “OFICYNAWYDAWNICZAMAZUR",
    "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": "2006-10-24 00:00:00",
    "informal_english_translation": "The Polish complainant  held that his registered company name “Oficyna Wydawnicza MAZUR sp. zo.o.” can be used to claim a prior right on the name MAZUR alone. This approach however neglects that Art  10 (2) of the Regulation 874\/2004 and Article 19 (1) of the Sunrise Rules state clearly that the domain name based on this prior right must consist of all alphanumerical characters, except for the company type.\r\n\r\nFurthermore, the complaint could not based upon the fact that the compainant is the owner of the polish domain name www.mazur.biz.pl  as. a right to a national domain name is not recognized as a prior right under the “Sunrise-Rules”, Art. 10 (1) 874\/2004.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}