{
    "case_number": "CAC-ADREU-004127",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant is part of a global full service digital network created in 2004 by the company Aegis Group PLC (hereinafter: “Aegis Group”).\r\n \r\nThe Aegis Group is a leading marketing services company employing approximately 12,000 staff in over 60 countries. The Aegis Group is structured around two core business areas: a range of communication services businesses, on the one hand, and services regarding global market research network, on the other hand.\r\n \r\nThe Aegis Group is composed of several entities namely, Carat, Synovate, Vizeum and Isobar. \r\n \r\nThe Aegis Group has acquired 100% of the company iProspect (hereinafter: “iProspect”), the Original Search Engine Marketing Firm. iProspect functions with the Aegis Group’s Isobar’s division.\r\n \r\niProspect was founded in 1996 and is a pioneer in the area of search engine marketing. Its mission is to assist its clients to increase online market reach, strengthen brand equity, achieve stronger business results and generate greater profitability.\r\n \r\niProspect’s leading edge technology, marketing expertise and dedicated staff have attracted clients that consist of some of the world’s most successful brands and companies.\r\n\r\niProspect also works in close partnership with leading interactive media agencies to help them provide their clients with a “one-stop-shopping” solution for their search engine marketing needs. It works with agencies to build stronger value-added relationships with their clients by helping them increase the profitability of their internet marketing initiatives.\r\n\r\nOn April 7, 2006 (i.e. one day after the expiration of the second Sunrise period), the Respondent obtained the registration of the domain name <iprospect.eu> (hereinafter: “Domain Name”).\r\n\r\nOn June 22, 2006, the Complainant sent a cease and desist letter to the Respondent and requested the transfer of the Domain Name. \r\n\r\nThe Respondent did not reply on this letter.  \r\n\r\nOn January 24, 2007, the Complainant filed a Complaint under the .eu Alternative Dispute Resolution Rules (hereinafter: “ADR Rules”) hereby requesting the transfer of the Domain Name to him.",
    "other_legal_proceedings": "None at the best knowledge of the ARD Panel.",
    "discussion_and_findings": "The ADR Panel notes that the Respondent failed to file a Response to Complaint. However, this does not prevent the ARD Panel to examine the case on the merits and to accept the Complaint insofar as the Complainant complied with all applicable conditions (See: Case No. 1852 (<airis.eu>), Case No. 982 (<smartmachine.eu>, Case No. 1693 <gastrojobs.eu>, …).\r\n\r\nThe ADR Panel also notes that the Complainant is the owner of several trade marks related to the name “IPROSPECT” and that the group to which the Complainant belongs, the Aegis Group, and another company owned for 100% by the Aegis Group, iProspect, registered other domain names related to the name “IPROSPECT” or have rights on the name “IPROSPECT”.\r\n\r\nThe ADR Panel concludes that the Complainant is owner of a right recognized or established by the law of a Member State (i.e. two Benelux trademarks) as mentioned in § 11 d. (1) (i) of the ADR Rules and that the Domain Name is identical to the name “IPROSPECT” protected by the Complainant’s Benelux trademarks.\r\n\r\nMoreover, the ADR Panel finds that the Respondent has registered the Domain Name without rights or legitimate interest in the name and that the Respondent is using the Domain Name in bad faith (§ 11 d. (1) (ii) and (iii) of the ADR Rules). The ADR Panel also finds that it is not established that the Respondent is commonly known by a name corresponding to the Domain Name and\/or that the Respondent has rights on the name “IPROSPECT”.\r\n\r\nAdditionally, the Panel finds that the Domain Name has been registered and\/or is used in bad faith for the following reasons: (i) the Respondent did not reply on the cease and desist letter sent by the Complainant; and (ii) the Domain Name is used for a search engine on which there are links in relation with, amongst others, marketing and advertising and could therefore mislead the consumers who could associate the website under the Domain Name to the Complainant.\r\n\r\nOn these grounds the ADR Panel concludes that the Domain Name is to be transferred to the Complainant.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the ADR Panel orders that the Complaint is accepted and that the domain name IPROSPECT be transferred to the Complainant.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-05-05 00:00:00",
    "informal_english_translation": "The Complainant is owner of two Benelux trademarks related to the name “IPROSPECT”. One day after the expiration of the second Sunrise period, the Respondent obtained the registration of the domain name <iprospect.eu> (hereinafter: “Domain Name”). Following this registration the Complainant filed a Complaint and requested the transfer of the Domain Name. The Respondent did not file a Response to Complaint. This does, however, not prevent the ADR Panel to decide on the case. \r\n\r\nThe ADR Panel finds that the Respondent has registered the Domain Name without rights and\/or legitimate interest in the name and that the Domain Name has been registered and\/or is used in bad faith. \r\n\r\nThe ADR Panel concludes the Domain Name is to be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}