{
    "case_number": "CAC-ADREU-002659",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "On 7 December 2005, Complainant applied for the Domain Name under the phased registration (“Sunrise”) period. Complainant applied for the Domain Name on the basis of prior right, a registered trademark.  \r\n\r\nAfter validation of the application of Complainant the Respondent found that Complainant failed to demonstrate a prior right in the Domain Name in accordance with the procedure set out in Regulation 874\/2004 and therefore the Respondent decided to reject the application of Complainant for the Domain Name. \r\n\r\nThe Complainant has lodged this Complaint against Respondents decision to reject Complainant’s application for the Domain Name.",
    "other_legal_proceedings": "There are no other legal proceedings of which the Panel is aware that are pending or decided and that relate to the disputed domain names.",
    "discussion_and_findings": "In accordance with Paragraph B11 (a) of the ADR Rules the Panel shall decide a Complaint on the basis of the statement and documents submitted and in accordance with the Procedural Rules. \r\n\r\nThe Complaint is filed against the Registry. In accordance with Paragraph B1 (b)(10)(ii) of the ADR Rules the Complainant shall describe the grounds on which the Complaint is made, in particular, the reasons why a decision is taken by the Registry conflicts with European Union Regulations, including but not limited to Regulation 874\/2004. \r\n\r\nThe Panel observes that the Complainant solely contends that it is a well-established company in the pharmaceutical field and that it is known as “PROMED” in the branch, by experts and the local public. Complainant further states that the ending letter in Complainant’s name “PRO.MED.CS” solely serves, according to Complainant, to designate the former Czechoslovakia as the country of origin of the Complainant. On the basis of these statement the Complainant therefore requests that the decision of Respondent to reject Complainant’s application be annulled and subsequently that the Domain Name be transferred to the Complainant.  \r\n\r\nThe Panel notes that the Complainant’s statements are not in any way substantiated by facts or arguments which set out the reasons why the decision taken by the Registry conflicts with European Union Regulations. Moreover, the Complainant fails to provide any evidence. In the absence of any arguments which could demonstrate that the decision taken by the Registry conflicts with European Union Regulations, the Panel considers that Complainant has failed to make a reasonable case why the decision of the Registry should be annulled. Furthermore, the Panel would like to emphasize that it is not its task to find arguments for Complainant’s statements. The ADR Rules clearly indicate that in case of an ADR Proceeding against the Registry, the Complainant shall describe the grounds on which the Complaint is made and the reasons why a decision taken by the Registry conflicts with European Union Regulations. Although the Panel is, in accordance with Paragraph B7 (A) of the ADR Rules, permitted in its sole discretion to conduct its own investigation on the circumstances of the case, the Panel takes the view that the interpretation of this Paragraph does not imply that the Panel is obliged to find arguments for Complainant’s statements if the Complainant failed to provide any evidence or arguments for its assertions. The Panel shares the opinion that its point of view is supported by the fact that Paragraph 7B (a) explicitly stipulates that the Panel is not obliged, but is permitted (…) to conduct its own investigations on the circumstances of the case.  \r\n\r\nNotwithstanding the foregoing the Panel considers that the arguments put forward by the Respondent to demonstrate that its decision to reject the application of Complainant for the Domain Name are conclusive and evidently show that Respondent correctly rejected the Complainant’s application.  More particular, the Respondent applied the Regulation correctly and decided on the basis of the following persuasive grounds that the Complainant’s trade mark does not match the Domain Name applied for in the Sunrise Period: \r\n\r\nIn accordance with Article 10 (2) of the Regulation, a domain name applied for during the Sunrise Period must consist of the complete name of the prior right. In the present case Complainant prior right was a composite trade mark consisting of a device element and the words “PRO.MED.CS”. Pursuant to section 19 (2) of the Sunrise Rules, the Registry must separate the alphanumerical elements from the device elements if  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, without any reasonable possibility of misreading the characters of which the sign consists or the order in which those characters appear. In the present case, the device element may be separated from the word elements “PRO.MED.CS”. Therefore, the trademark consists of the following alphanumerical characters (in the order in which those characters appear): “PROMEDCS”. Pursuant to article 10.2 of the Regulation and section 19 of the Sunrise Rules, the domain name based on this prior right must consist of all alphanumerical characters. Therefore, the prior right in question could only serve as a prior right for the domain name “PROMEDCS” and not for PROMED.",
    "decision": "For all the foregoing reasons, in accordance with Paragraph B12 (b) of the ADR Rules, the Panel orders that the Complaint is Denied.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2006-11-17 00:00:00",
    "informal_english_translation": "\nComplainant challenged the decision of the Registry to reject Complainant’s application in the Sunrise period for the domain name promed.eu (hereinafter: “Domain Name”), and therefore Complainant requested the Panel to revoke the decisions of the Registry and transfer the Domain Name to Complainant. Complainant filed its application on the basis of a prior right, namely the device mark PRO.MED.CS. \r\n\r\nTo substantiate its complaint Complainant solely put forward that it is a well-established company in the pharmaceutical field and that it is known as “PROMED” in the branch, by experts and the local public. The ending letter in Complainant’s name “PRO.MED.CS” solely serves, according to Complainant, to designate the former Czechoslovakia as the country of origin of the Complainant. More arguments or evidence were not provided by Complainant to justify its complaint.  \r\nIn its Response the Registry explained why it rejected Complainant’s application. Article 10 (2) of the Regulation states that the 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. Section 19 (2) of the Sunrise Rules states that a prior right claimed to a name included in figurative or composite signs (signs including words, devices, pictures, logos, etc.) will only be accepted if the word element is predominant and can be clearly separated or distinguished from the device element, provided that 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. The Complainant submitted as documentary evidence a certificate issued by the WIPO for registration of the composite trademark consisting of a device element and the words “PRO.MED.CS”. The Respondent argued that in the present case, the device element (the three quarters of a circle on the left) may be separated from the word elements “PRO.MED.CS”. Therefore, the trademark consists of the following alphanumerical characters (in the order in which those characters appear): “PROMEDCS”. Pursuant to article 10.2 of the Regulation and section 19 of the Sunrise Rules, the domain name based on this prior right must consist of all alphanumerical characters. Therefore, the prior right in question could only serve as a prior right for the domain name “PROMEDCS”. The validation agent therefore 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 PROMED alone. Consequently, the Respondent rejected the application for the domain name PROMED. \r\n\r\nThe Panel orders that the Complaint is denied. The Panel notes that the Complainant’s statements are not in any way substantiated by facts or arguments which set out the reasons why the decision taken by the Registry conflicts with European Union Regulations. Moreover, the Complainant fails to provide any evidence. In the absence of any arguments which could demonstrate that the decision taken by the Registry conflicts with European Union Regulations, the Panel considers that Complainant has failed to make a reasonable case why the decision of the Registry should be annulled. Furthermore, the Panel emphasizes that it is not its task to find arguments for Complainant’s statements. The ADR Rules clearly indicate that in case of an ADR Proceeding against the Registry, the Complainant shall describe the grounds on which the Complaint is made and the reasons why a decision taken by the Registry conflicts with European Union Regulations. Notwithstanding the foregoing the Panel considers that the arguments put forward by the Respondent to demonstrate that its decision to reject the application of Complainant for the Domain Name are conclusive and evidently show that Respondent correctly rejected the Complainant’s application. \n  ",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}