{
    "case_number": "CAC-ADREU-002742",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "On  February 8, 2006, the Complainant, TeleCare Systems & Communication GmbH applied to register the domain name “telecare.eu” during the Sunrise period. In the application TeleCare Systems & Communication GmbH stated that it is the holder of a prior right as the name of the applicant was TeleCare Systems & Communication GmbH. The Complainant presented also documentary evidence indicating that the name of the company is TeleCare Systems & Communication GmbH.  \r\n\r\nThe Respondent refused to register the domain name “telecare.eu” in the name of the Complainant during the Sunrise Period on the ground that the documentary evidence furnished did not substantiate that the applicant for the domain name is the holder of the prior right on the name \"telecare\".",
    "other_legal_proceedings": "N\/A",
    "discussion_and_findings": "In consideration of the Factual Background and the Parties’ Contentions stated above, I come to the following conclusion:  \r\n\r\nArticle 10 (1) of Commission Regulation (EC) No 874\/2004 of 28 April 2004 (Regulation) states that only 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 (the Sunrise Period). TeleCare Systems & Communication GmbH applied for the domain name \"telecare.eu\" and presented documentary evidence that should have proven that TeleCare Systems & Communication GmbH is the holder of a prior right during the Sunrise Period. TeleCare Systems & Communication GmbH  stated that it is the holder of the prior right as the name of the company is TeleCare Systems & Communication GmbH. From there on it was up to the Respondent to decide whether to grant the requested domain name to TeleCare Systems & Communication GmbH or not. \r\n\r\nAccording to Article 10 (2) of the Regulation 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 (1) of the .eu Registration Policy and Terms and Conditions for Domain Name Applications made during the Phased Registration Period \"Sunrise Rules\" further states that it is not possible for an applicant to obtain registration of a domain name comprising part of the complete name for which the prior right exists. The only exception to the aforesaid rule is provided in Section 19 (4) and according to that exception the company type (such as SA, GmbH) may be omitted from the complete name for which the prior right exists. \r\n\r\nAs the name of the company is TeleCare Systems & Communication GmbH, only the company type GmbH could have been omitted from the complete name. The Complainant applied not for the complete name TeleCareSystemsCommunication but only for part of that complete name- Telecare. According to the Regulation and Sunrise Rules the Complainant was not the holder of a prior right regarding the name \"telecare\" as the company name of the Complainant was not Telecare GmbH but TeleCare Systems & Communication GmbH. In previous ADR proceedings (01973 ICG and 2297 FENRISULVEN)the Panel has also found that the company name relied on as a prior right must be identical to the domain name sought. \r\n\r\nThe Complainant claims that it has used the brand \"telecare\" for years and it has also registered the brand at the Austrian Patent Office. According to the Regulation it is up to the applicant to submit documentary evidence showing that he or she is the holder of the prior right claimed on the name in question. The Complainant did not provide the Registry in time with documentary evidence proving that TeleCare Systems & Communication GmbH is the owner of a trademark \"Telecare\" and therefore Respondent could not examine whether the Complainant could have been a holder of a prior right as the holder of a trademark. The panel would also like to note that the documentary evidence presented to the Complaint shows that the Complainant has used brand \"Telecare Systems\" and not the brand \"Telecare\". \r\n\r\nConsidering the aforesaid circumstances the Panel finds that the Respondent was entitled to reject the application to register domain name \"telecare.eu\" presented by TeleCare Systems & Communication GmbH during the Sunrise Period.",
    "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": "2006-12-08 00:00:00",
    "informal_english_translation": "The Complainant contests the Respondent's decision of rejecting the domain name application for \"telecare.eu\" during the Sunrise Period.  According to the Respondent the application was rejected because from the documentary evidence which the Respondent was provided with it appeared that the Complainant did not apply for the domain name which corresponds to the complete name for which the prior right exists. The Complainant states that it has used company names comprising the word \"telecare\" since 1995 and the brand \"telecare\" for several years and therefore the Complainant should receive the domain name \"telecare.eu\".\r\n\r\nThe complete company name of the Complainant is TeleCare Systems & Communication GmbH. As the Complainant only applied for a domain name comprising part of this complete name - telecare.eu and did not present documentary evidence to the Registry proving that the Complainant is the holder of trademark \"telecare\", the Respondent was entitled to reject the application according to Article 10 of the Regulation and Section 19 of the Sunrise Rules.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}