{
    "case_number": "CAC-ADREU-004069",
    "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 registered at the French Business and Trade Registry. It is also the owner of several trademark registrations. \r\n\r\nThe Complainant has been aware of the registration of domain name eurokera.eu by the Respondent (registration obtained on 7 April 2006 at 11:15).\r\n \r\nThe parent company of the Complainant sent a warning letter beginning of October 2006 to the Respondent informing it of its subsidiary’s trademark rights and requesting the transfer of the litigious domain name to the benefit of the Complainant. The receipt of the registered letter has been acknowledged. It must be specified that an attempt to send the letter also via fax has been unsuccessful.\r\n\r\nThe Respondent did not answer to the complaint.",
    "other_legal_proceedings": "None",
    "discussion_and_findings": "When the Czech Arbitration Court (CAC) receives a complaint, it follows a strict procedure including the notification of the complaint to the Respondent.\r\n\r\nSaid notification notably states that:\r\n\r\n“Default. If your Response is not sent in the period of time above or if it will not comply with all administrative requirements mentioned in the ADR Rules and\/or ADR Supplemental Rules even after granting additional time period to remedy the noncompliance under Paragraph B3 (d) of the ADR Rules, you will be considered in default. We will still appoint an ADR Panel to review the facts of the dispute and to decide the case. The Panel will not be required to consider a Response filed late or not administratively compliant, but will have the discretion to decide whether to do so and may draw such inferences from your default as it considers appropriate, as provided for by ADR Rules, Paragraph B10. There is a possibility to challenge the Notice of Respondent Default according to Paragraph B3 (g) of the ADR Rules.”\r\n\r\nThe Respondent also received a “non-standard communication” from the CAC to inform it of the deadline to submit its response.\r\n\r\nWhen a Respondent doesn’t answer within the delay, it also receives a “notification of Respondent’s default” informing it of the consequences of said default. This notification notably stipulates that:\r\n\r\n(begin of quote)\r\n\r\n1.\tWe shall go forward and appoint an ADR Panel based on the number of panelists designated by the Complainant. As the Complainant has designated a single-member Panel, we shall appoint the panelist from our published list. \/ As the Complainant has designated three-member Panel, we shall appoint a Panelist from the list of Candidates provided by Complainant and 2 Panelists from our published list. In case we are unable within five (5) calendar days to secure the appointment of a Panelist from the list of Candidates, we shall appoint a Panelist from our published list of Panelists. \r\n\r\n2.\tThe ADR Panel and the Complainant will be informed of your default. The ADR Panel will decide in its sole discretion whether or not to consider your defective Response (if submitted) in deciding the case. \r\n\r\n3.\tNotwithstanding your default, we shall continue to send you all case-related communications to your contact details and using the methods you have specified in your Response (if submitted later), or as we consider appropriate in our discretion (if not submitted). \r\n\r\n4.\tYou have a right under Paragraph B3 (g) of the ADR Rules to challenge this Notification in a written submission to the Czech Arbitration Court filed within 5 days from receiving this notification. The Czech Arbitration Court shall acknowledge receiving your challenge and shall forward it to the Panel within 3 days from its receipt. In submitting your potential challenge, you must use Form \"Challenge of Notification of Respondent Default\" available on the Online Arbitration Platform of the Czech Arbitration Court. \r\n\r\n(end of quote)\r\n\r\n\r\n\r\nThe right of Complainant of the domain name seems to be unquestionable, and the domain name is identical.\r\n\r\n\r\n\r\nAs far as the bad faith and the right\/legitimate interest are concerned, it must be stressed that in most cases, it is impossible for a Complainant to demonstrate with an absolute certainty the absence of right and legitimate interest and\/or the bad faith of a Respondent. \r\n\r\nThis is why the Panels usually require the Complainant to make a reasonable demonstration rather than to bring absolute evidence. This demonstration lays on the various facts and legal elements of each case.\r\n\r\nThe response is then the occasion for the Respondent to challenge and contradict the reasonable demonstration of the Complainant and to draw the Panel’s attention on other facts and legal elements to support its view.\r\n\r\n\r\n\r\nIn this case, the least that can be said is that the complaint is quite persuasive. \r\n\r\nIt underlines facts and legal elements that are indeed good signs that the domain name “has been registered by its holder without rights or legitimate interest in the name; or has been registered or is being used in bad faith” (art. 21 of EC regulation 874\/2004). (see hare above “Parties’ contentions” for factual and legal details).\r\n\r\nThe respondent had a chance to reply; it chose not to. \r\n\r\nBased on the sole complaint, this Panel is convinced that the domain name “has been registered by its holder without rights or legitimate interest in the name; or has been registered or is being used in bad faith” (art. 21 of EC regulation 874\/2004).",
    "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 EUROKERA be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-03-26 00:00:00",
    "informal_english_translation": "As far as the bad faith and the right\/legitimate interest are concerned, it must be stressed that in most cases, it is impossible for a Complainant to demonstrate with an absolute certainty the absence of right and legitimate interest and\/or the bad faith of a Respondent. \r\n\r\nThis is why the Panels usually require the Complainant to make a reasonable demonstration rather than to bring absolute evidence. This demonstration lays on the various facts and legal elements of each case.\r\n\r\nThe response is then the occasion for the Respondent to challenge and contradict the reasonable demonstration of the Complainant and to draw the Panel’s attention on other facts and legal elements to support its view.\r\n\r\nIn this case, the least that can be said is that the complaint is quite persuasive. \r\n\r\nThe respondent had a chance to reply; it chose not to (default). \r\n\r\nBased on the sole complaint, this Panel is convinced that the domain name “has been registered by its holder without rights or legitimate interest in the name; or has been registered or is being used in bad faith” (art. 21 of EC regulation 874\/2004).",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}