{
    "case_number": "CAC-ADREU-004038",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "1. The Complainant is Heraeus Holding GmbH, a company registered and based in the Federal Republic of Germany. Complainant’s group of companies basically unites six companies: \r\n\r\nW. C. Heraeus: precious metals \r\nHeraeus Kulzer: dental health \r\nHeraeus Electro-Nite: sensors \r\nHeraeus Quarzglas: quartz glass \r\nHeraeus Tenevo: synthetic quartz glass \r\nHeraeus Noblelight: specialty lighting sources \r\n\r\n\r\n2. The Complainant is, and has been for several years, the proprietor of numerous trademark registrations in the sign „Heraeus“, which is protected in Germany and other member states of the European Union. Furthermore, the Complainant is propriertor of numerous domain names containing the term \"Heraeus\", like inter alia heraeus.com, heraeus.de.\r\n\r\n3. The Respondent, a private person, helds that he registered the domain name not in bad faith but as a avatar in a multiplayer online game.",
    "other_legal_proceedings": "There are no other legal proceedings of which the panel is aware that are pending or decided and that are related to the disputed domain name.",
    "discussion_and_findings": "1.  To succeed in its Complaint, the Complainant must show that the requirements of Article 21(1) of the Regulation have been complied with. That paragraph reads as follows: \r\n\r\n\"  A registered domain name shall be subject to revocation, using an appropriate extra-judicial or judicial procedure, where that name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and\/or Community law, such as the rights mentioned in Article 10(1), and where it: \r\n\r\n(a) has been registered by its holder without rights or legitimate interest in the name; or \r\n\r\n(b) has been registered or is being used in bad faith.\" \r\n\r\n\r\n2.   Paragraph B.10(a) of the ADR rules provides that: \r\n\r\nIn the event that a Party does not comply with any of the time periods established by these ADR Rules or the Panel, the Panel shall proceed to a decision on the Complaint and may consider this failure to comply as grounds to accept the claims of the other Party. \r\n\r\n3.\tHowever, this does not mean that the Complainant is entitled to a default judgment in a case, such as this, where no Response is filed.  As paragraph B.11(d) of the ADR Rules makes clear, it is for the Complainant to prove that the requirements of Article 21(1) of the Regulation are satisfied. \r\n\r\n4. The panel therefore deals with each of the three constituent parts of Article 21(1) of the Regulation in turn:   \r\n\r\nIDENTICAL OR CONFUSINGLY SIMILAR DOMAIN NAME \r\n\r\n5. The Complainant has asserted that it is the proprietor of (and has provided details of) numerous registered trademarks  in the mark HERAEUS. \r\n\r\nThese assertions are not contradicted by the Respondents Contentions.   \r\n\r\nThe Complainant has, therefore, satisfied the requirements of the first paragraph of Article 21(1). \r\n\r\nNO RIGHTS OR LEGITIMATE INTERESTS \r\n\r\n6. The Complainant has provided a description of the use of the relevant name and the domain name by the respondent; and expressly asserted that in the circumstances described the respondent has no legitimate interest in the name. Respondents Contentions, that he registered the domain name as an avatar in online games are unsuitable to raise a claim for the domain name in issue because the need for a naming of an avatar does entitle the Respondent to register the .eu- domain of the name. Therefore, the Complainat has proven that the Respondent has no rights or legitimate interests in the domain name in issue. \r\n\r\nBecause Complainant needs to show either \r\n\r\n- a lack of rights or legitimate interest on the part of the Respondent \r\nOR \r\n- bad faith registration or use and given the finding on rights and legitimate interests set out above it is not necessary in this case to go on to consider the Complainant’s assertions in relation to bad faith registration or use.\r\n\r\nLegally independent of these findings is the question, wether the Respondent has intentionally registered the domain name. The Panel does not see the necessary evidence for a intentional malfeasance, but, as stated above, there is no need to evaluate this issue in depth.",
    "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 HERAEUS be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-02-14 00:00:00",
    "informal_english_translation": "The Complainant brought proceedings against the Respondent under Article 22(1)(a) of Commission Regulation (EC) No.874\/2004 alleging that the Respondent’s registration of the Domain Name (i.e. <heraeus.eu>) was speculative or abusive, Art. 21(1) a) and b) of Commission Regulation (EC) No. 874\/2004.. \r\n\r\nThe Complainant maintained that it was the proprietor of, inter alia, various European trade mark rights incorporating or comprising the word HERAEUS.   \r\n\r\n\r\nThe Panel held: \r\n\r\n(1)\tThe Complainant had managed to prove to the Panel that the requirements of Article 21 of the Regulation were satisfied in this case. \r\n\r\n(2)\tThat the Complainant has managed to make out  that the Respondent had no legitimate rights or interests in the Domain Name. \r\n\r\n(3)   Given the Panel’s finding on the question of rights and legitimate interests, it was not necessary to address the Complainant’s allegation of bad faith registration.  The Complainant had satisfied the requirements of Article 21 of the Regulation. \r\n\r\n(5)\tThe Complainant, being a German registered company, also satisfied the criteria for eligibility for a .eu TLD set out in Article 4(2)(b) of regulation (EC) No. 733\/2002.   \r\n\r\nAccordingly, the Panel ordered the transfer of the Domain Name to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}