{
    "case_number": "CAC-ADREU-002604",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "1.\tOn 7th December 2005, the first day on which it was possible to apply to register .EU Domain Names, the ALTITUDE DEVELOPPEMENT (hereafter the “Complainant\") applied for the domain name “ALTITUDE.EU” (hereafter the “Domain Name”). \r\n\r\n2.\tOn 26 December 2005 the Complainant sent the documentary evidence to the processing agent (which was before the 16th January 2006 deadline). The documentary evidence consisted of a proof of registration of the trademark \"ALTITUDE\" in France. This trademark has been registered, in the name of ALTITUDE S.A.. \r\n\r\n3.\tOn 21st June 2006 the EURID refused the Complainant's application; due to the difference in name between the holder of the prior right (ALTITUDE S.A.) and the Complainant, the validation agent concluded that both were different entities.\r\n\r\n4.\tOn 31st July 2006 the Complainant filed the Complaint. The Response was filed by the Respondent on 11st October 2006.\r\n\r\n5.\tOn 6th September 2006 Pierfrancesco Fasano was appointed as panelist in this proceeding(hereafter the “Panel\") having filed the necessary Statement of Acceptance and Declaration of Impartiality and Independence.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings involving the disputed domain name.",
    "discussion_and_findings": "Article 10 (1) Regulation 874\/2004 states that “Holders of prior rights recognized or established by national and\/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\nArticle 14 (1) and (4) Regulation 874\/2004 states that “All claims for prior rights under Article 10 (1) and (2) must be verifiable by documentary evidence which demonstrates the right under the law by virtue of which it exists” and that “Every applicant shall 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 that it shall be received by the validation agent within forty days from the submission of the application for the domain name”.\r\n\r\nThe Complainant applied for the Domain Name on 7th December 2005, the first day on which it was possible to apply to register .EU Domain Names, or rectius, the first day of the First phase of the phased Registration Period where only Domain Names that correspond to \r\n(i)\tregistered Community or national trademarks or \r\n(ii)\tgeographical indications or designations of origin \r\nmay be applied for by the holder and\/or licensee (where applicable) of the Prior Right concerned.\r\n\r\nThe problem of the Complainant’s application was that the submitted documentary evidence consisted of a French trademark, registered in the name of ALTITUDE S.A., a different and separate legal entity from the Complainant. \r\n\r\nWith the documentary evidence, the Complainant did not demonstrate to the validation agent - according to Article 14 (1) Regulation 874\/2004 - that it is the holder of a prior right, because the prior right (the French trademark) has been registered in the name of ALTITUDE S.A.\r\n\r\nThe prior right’s holder - as the Complainant itself admits - is ALTITUDE S.A., a different and separate legal entity from the Domain Name’s applicant\/Complainant. \r\n\r\nIt is not relevant that the Complainant “obtained” the trademark “ALTITUDE” from ALTITUDE S.A., on 1st January 2005, because of a partial transfer of corporate assets.\r\n\r\nThe Complainant become holder of the prior right (the French Trademark) on 8th December 2005.\r\n\r\nThe legal elements of the present case are very similar to other ADR proceedings, where the applicant incorrectly used its short name instead of its real name (ADR 01242 – Aponet; ADR 1625 - Teledrive). In above mentioned proceedings the Panel decided that the prior right has to be verifiable by the presented documentary evidence.\r\n\r\nFor sake of completeness, the Panel wishes to refer to the Complainant that it should wait one day and apply for the Domain Name on 8th December 2005, day which it become holder of the trademark “ALTITUDE” (the prior right).\r\n\r\nOn 7th December 2005 the Complainant was not holder of a prior right to apply for Domain Name. For this reason the Respondent’s position, who rappresented that the Complainant had to explain the difference between the name of the applicant and the name of the prior right’s holder, is not relevant.\r\n\r\nFor all the foregoing reasons, the Panel upholds EURid’s decision to reject the Complainant’s application for the Domain Name.",
    "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": "2006-11-07 00:00:00",
    "informal_english_translation": "Article 10 (1) Regulation 874\/2004 states that “Holders of prior rights recognized or established by national and\/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\nArticle 14 (1) and (4) Regulation 874\/2004 states that “All claims for prior rights under Article 10 (1) and (2) must be verifiable by documentary evidence which demonstrates the right under the law by virtue of which it exists” and that “Every applicant shall 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 that it shall be received by the validation agent within forty days from the submission of the application for the domain name”.\r\n\r\nWith the documentary evidence, the Complainant did not demonstrate to the validation agent - according to Article 14 (1) Regulation 874\/2004 - that it is the holder of a prior right, because the prior right (the French trademark) has been registered in the name of ALTITUDE S.A..\r\n\r\nThe prior right’s holder - as the Complainant itself admits - is ALTITUDE S.A., a different and separate legal entity from the Domain Name’s applicant\/Complainant. \r\n\r\nIt is not relevant that the Complainant began to use the trademark “ALTITUDE”, on 1st January 2005, because of a partial transfer of corporate assets.\r\n\r\nThe Complainant became holder of the prior right (the French Trademark) on 8th December 2005.\r\n\r\nFor all the foregoing reasons, the Panel upholds EURid’s decision to reject the Complainant’s application for the Domain Name.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}