{
    "case_number": "CAC-ADREU-003149",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant is a corporation (Aktiengesellschaft) registered and based in Germany. It has been registered with the commercial register Wuppertal, Germany with the name “Edscha AG” in 1998 and has been using the name since. Complainant owns the domain names “edscha.de” and “edscha.com”.\r\n\r\nThe domain name “EDSCHA.eu” has been registered with the Respondent on 7 April, 2006, the first day of the Land Rush period.\r\n\r\nOn 27 September, 2006 the Czech Arbitration Court (CAC) received Complainant’s Complaint. \r\n\r\nThe parties exchanged correspondence on a settlement agreement, but, however, did not succeed in agreeing on such settlement until the date of this decision. Moreover, Complainant insisted on a Panel’s decision to secure the transfer of the domain name to the Complainant. \r\n\r\nThe Complainant requests the Panel to decide:\r\n\r\n\tTransfer of the domain name EDSCHA.eu to the Complainant. \r\n\r\nAs regards content, Respondent has not disputed Complainant’s contentions. After being informed by CAC that the proceeding would not be suspended, Respondent required an extension to deliver its response to the complaint, which has been granted by CAC. However, as Respondent failed to comply with the deadline set to file its Response, Respondent was notified by CAC of its Default as of 18 December, 2006.",
    "other_legal_proceedings": "There are no other legal proceedings of which the Panel is aware that are pending or decided and which relate to the disputed domain name.",
    "discussion_and_findings": "I.\r\nAs the parties did not succeed in agreeing on a settlement and, moreover, Complainant insisted on a Panel decision to secure the transfer of the domain name to Complainant, a suspension or cessation of the proceeding was out of question. \r\n\r\nII.\r\nA claim for the transfer of the domain name to Complainant can only be granted in case the requirements of Article 21.1 of the EC Regulation No. 874\/2004 (Speculative and abusive registrations) are complied with and Complainant is eligible to register .eu domain names acc. to Article 4.2 b) of the EC Regulation No. 733\/2002 (see also Paragraph B.11(b) ADR Rules). \r\n\r\nAs Respondent has not disputed the facts provided by Complainant with the Complaint, the Panel regards the facts provided by Complainant as given acc. to Paragraph B 10 ADR Rules (see also ADR 2810 “RATIOPARTS”).\r\n\r\n1. \r\nComplainant has proved that it is owner of a distinctive trade name right “Edscha” in Germany acc. to § 5 German Trade Mark Act (Markengesetz). Such a trade name is a right acc. to Article 10.1 of the EC Regulation No. 874\/2004 (see also ADR 3211 “SCHAPER”). \r\n\r\n2.\r\nThe domain name “EDSCHA.eu” is identical to the Complainant’s trade name “Edscha”, as the suffix “.eu” is to be disregarded in this respect (see also ADR 475 “HELSINKI”; 387 “GNC”; 596, “RESTAURANT”). \r\n\r\n3.\r\nComplainant has argued that Respondent has no rights or legitimate interests in the domain name “EDSCHA.eu”. The burden of proof is on Complainant’s side (see also ADR 1304 “KEMET”). However, Complainant has presented its results of investigation with respect to the negative fact of the missing rights and legitimate interests of Respondent in the domain name “EDSCHA.eu”. Acc. to Paragraph B 10 ADR Rules and in view of the missing material response of Respondent the Panel accepts this presentation as given and bases its decision on this presentation. Also, the panel itself has not found any hint with respect to any rights or legitimate interests of  Respondent with respect to the domain name “EDSCHA.eu”. \r\n\r\n4.\r\nAs Complainant is an undertaking with registered office within the Community acc. to Article 4.2 (b) (i) EC-Regulation 733\/2002, Complainant is entitled to request transfer of the domain name “EDSCHA.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 domain name EDSCHA be transferred to the Complainant.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-01-05 00:00:00",
    "informal_english_translation": "The Complainant is a corporation (Aktiengesellschaft) registered with the company name “Edscha AG” in 1998 in Germany. It is still based in Germany and has been using the name since. The domain name “EDSCHA.eu” has been registered with the Respondent on 7 April, 2006, the first day of the Land Rush period.\r\n\r\nComplainant alleges that “EDSCHA” is a trade name under §§ 5, 15 Markengesetz (Trade Mark Act). The Complainant asserts rights acc. to Article 21.1, and 2 of the EC Regulation No. 874\/2004 due to a lack of right or legitimate interest of Respondent in the domain name. \r\n\r\nAs regards content, Respondent has not disputed Complainant’s contentions. \r\n\r\nAs Complainant’s assertions have not been disputed by Respondent, such assertions have been adopted by the Panel and build the basis of the Panel’s decision. \r\n\r\nThe parties exchanged correspondence on a settlement agreement, but, however, did not succeed in agreeing on such settlement until the date of this decision. Therefore and because Complainant insisted on a Panel decision to secure the transfer of the domain name to Complainant, a suspension or cessation of the proceeding was out of question. \r\n\r\nAs the Complainant has proven that it is the owner of a right acc. to Articles 21.1 in connection with 10.1 EC-Regulation 874\/2004, and, further, that Respondent has no rights or legitimate interests in the domain name, and as further Complainant is eligible to register domain names acc. to Article 4.2 (b) EC-Regulation 733\/2002, the Panel decided to accept the Complaint. Accordingly, the Panel decided to let the domain name “EDSCHA” be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}