{
    "case_number": "CAC-ADREU-004108",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "Acc. to license declarations enclosed, Complainant is licensee of the owner of 2 European trademarks “YoungLife”, a word mark (3367893) and a figurative mark “YL YoungLife”(3367885), which are registered for classes 39, 41, and 43.\r\n\r\nThe domain name “YOUNGLIFE.eu” has been registered with the Respondent on 7 April, 2006.  \r\n\r\nOn 9 January, 2007 the Czech Arbitration Court (CAC) received Complainant’s Complaint. \r\n\r\nThe Complainant requests the Panel to decide:\r\n\r\n\r\n\r\n\tTransfer of the domain name YOUNGLIFE.eu to the Complainant. \r\n\r\n\r\n\r\nRespondent did not file a response to the Complaint.",
    "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": "A 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\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”, 3976 “ABAT”). \r\n\r\n1. \r\nComplainant has proved that it is the licensee of the owner of a trade mark right “YOUNGLIFE” in the EC. Other than the complainant in ADR 2335 “FELA”, the Complainant provided a License Declaration in the form as provided by EURid at the time of the Sunrise periods (end of 2005). It is signed as of 25 October, 2006. Although the form was meant for the use within the Sunrise periods, Complainant completed it, obviously, for this proceeding, however, after the Sunrise periods. In this  License Declaration it is stated that the Complainant has entered into a license agreement with YoungLife. Therefore, and in the absence of any contradiction by the Respondent, it can be construed that this License Declaration demonstrates the Complainant’s right to request the domain name under this proceeding. Therefore, the Complainant is eligible to enforce a trademark right acc. to Article 10.1 of the EC Regulation No. 874\/2004. \r\n\r\n2.\r\nThe domain name “YOUNGLIFE.eu” is identical to the Complainant’s trade mark “YOUNGLIFE”, as the suffix “.eu” is to be disregarded in this respect (see also ADR 475 “HELSINKI”; 387 “GNC”; 596, “RESTAURANT”, 3976 “ABAT”). \r\n\r\n3.\r\nComplainant has argued that Respondent has no rights or legitimate interests in the domain name “YOUNGLIFE.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 “YOUNGLIFE.eu”. The Complainant particularly stated that the Respondent has no trademark right with respect to the name and has registered 30.000 (generic) domain names. Further, the Complainant maintained that under the domain name no contents were offered prior to the ADR proceeding. 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, by browsing the internet, the panel itself has not found any hint with respect to any rights or legitimate interests of  Respondent with respect to the domain name “YOUNGLIFE.eu”. \r\n\r\n\r\n4.\r\nTherefore, the Panel did not have to decide, whether the Respondent registered and\/or used the domain name “YOUNGLIFE” in bad faith. \r\n\r\n5.\r\nAs Complainant is an individual residing in Germany, acc. to Article 4.2 (b) (iii) EC Regulation No. 733\/2002, Complainant is entitled to request the transfer of the domain name “YOUNGLIFE.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 YOUNGLIFE be transferred to the Complainant.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-04-04 00:00:00",
    "informal_english_translation": "Complainant is the licensee of the owner of 2 European Community trademarks “YOUNGLIFE” (No. 3367893 and 3367885), which are registered for goods and services in classes 39, 41, and 43. The domain name “YOUNGLIFE.eu” has been registered with the Respondent on 7 April, 2006.\r\n\r\nThe 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. He further claims that Respondent registered the domain name and\/or used it in bad faith.\r\n\r\nRespondent did not file a response. \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\nAs the Complainant has proven that it is, as licensee of the trademark owner, 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 “YOUNGLIFE” be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}