{
    "case_number": "CAC-ADREU-003495",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant is a French Company named Vortex which operates in the media field. The Complainant is a subsidiary of the French Group ORBUS , a group of media which controls in particulars the radio SKYROCK and the internet company TELEFUN. In December 2002, the Complainant has launched a weblog service named “SKYBLOG”.\r\nThe Respondent is British Sky Broadcasting Ltd, a corporation registered under the laws of Great-Britain and Northern Ireland, which carries out its activity within the media field. The Respondent is the successor of a company named Sky Television Plc.\r\nOn November 3, 1998 the Complainant and Sky Television Plc entered into by an agreement whereby the Complainant undertook, in particular, “to never use nor seek to register any other trademarks containing the work “sky” except “Skyrock” and “Skyzin”.\r\nThe Respondent has registered the domain name <skyblog.eu> on June 7, 2006.\r\nOn November 20, 2006, the Complainant filed a complaint so as to obtain the transfer the said domain name.\r\nOn, January 5, 2007 the Respondent filed its response requesting to the panel to dismiss the complaint.",
    "other_legal_proceedings": "",
    "discussion_and_findings": "By decision of June 1st, 2005, the Paris Court of Appeal hold, in particular, that the prohibition of use by the Complainant of the term SKY alone or together with other terms, excepting SKYROCK and SKYZIN, shall take effect three months from notification of this ruling and thereafter, be subject to a penalty of €2,500 per recorded infringement. In addition, the Paris Court of Appeal ordered the cancellation of the French SKYBLOG trademark n°02\/3.195.764, since such application infringes the terms and conditions of the agreement entered into by the parties on November 3, 1988.\r\nThe Complainant appealed from the decision and was dismissed on July 11, 2006 by the Supreme Court. Therefore, the non use of the work “SKYBLOG” by the Complainant has been finally decided by a Court.\r\nPursuant to 4) c) of the ADR rules, “the Panel shall terminate the ADR proceeding if it becomes aware that the dispute that is the subject of the Complaint has been finally decided by a court of competent jurisdiction or an alternative dispute resolution body”.\r\nTo the extent that the Paris Court of first Instance, confirmed that by Paris Court of Appeal and the Supreme Court, has already held that the Complainant was prohibited from using the term SKY alone or together with other terms excepting SKYROCK and SKYZIN, there is no reason for the Panel to decide further on this matter. \r\nTherefore, the Panel decides to terminate the case.\r\nHowever, the Panel does not found that the Complainant has brought this procedure in bad faith and is guilty of reverse domain hijacking.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs A 4 (c), B12 (b) and (c) of the Rules, the administrative proceedings is terminated.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-03-05 00:00:00",
    "informal_english_translation": "French Courts have prohibited the Complainant from using the word SKYBLOG, subject to a penalty, and have cancelled the French SKYBLOG trademark n°02\/3.195.764. This decision was based on an agreement entered into by the Complainant and the predecessor of the Respondent, providing that the Complaint shall “never use nor seek to register any other trademarks containing the work “sky” except “Skyrock” and “Skyzin”.\r\nTherefore, and pursuant to 4) c) of the ADR rules, the administrative proceedings is terminated.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}