{
    "case_number": "CAC-ADREU-004158",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "2.\tThe Respondent registered the Disputed Domain Names on 8 April 2006, the second day of the Landrush registration period.  \r\n  \r\n3.\tThe Complainant is a UK company administering the intellectual property rights in and in connection with the works of the famous author, the late Professor JRR Tolkien, the author of the Lord of the Rings.",
    "other_legal_proceedings": "1.\tThe Panel is not aware of any pending or decided proceedings related to the Disputed Domain Names.",
    "discussion_and_findings": "13.\tArticle 22(1)(a) of Commission Regulation (EC) No 874\/2004 of 28 April 2004 (\"the Policy Regulation\") allows a party to initiate an ADR procedure where a registration is speculative or abusive, as defined in Art. 21.  \r\n\r\n14.\tThis allows for revocation where the name is identical or confusingly similar to a name in respect of which a right is recognised or established by national or Community law and where registered without rights or legitimate interest and registered or used in bad faith. This is reflected in §11(d) of the ADR Rules.  \r\n\r\n15.\tPolicy Regulation Art. 21(2) provides examples of how legitimate interest may be demonstrated (echoed in §B11(e) of the ADR Rules), and Art. 21(3) provides examples for bad faith (echoed in §B11(f)). \r\n\r\n16.\tThe Complainant clearly has Rights recognized by English and Community law in its CTM and national mark and unregistered rights arising from its worldwide use of the name in trade protected under English law.  I find that the Complainant has the requisite Rights.  \r\n \r\n17.\tTurning now to legitimate rights and interests, it is necessary to determine if any of the factors in §B11(e) of the ADR Rules apply:  \r\n\r\n“Any of the following.. shall demonstrate the Respondent’s rights or legitimate interests to the domain name for purposes of Paragraph B11(d)(1)(ii): \r\n\r\n(1) prior to any notice of the dispute, the Respondent has used the domain name or a name corresponding to the domain name in connection with the offering of goods or services or has made demonstrable preparation to do so; \r\n\r\n(2) the Respondent, being an undertaking, organization or natural person, has been commonly known by the domain name, even in the absence of a right recognized or established by national and\/or Community law; \r\n\r\n(3) the Respondent is making a legitimate and non-commercial or fair use of the domain name, without intent to mislead consumers or harm the reputation of a name in which a right is recognized or established by national law and\/or Community law. ”\r\n\r\n\r\n18.\tWhile it is possible to make legitimate and fair use of names of well known individuals, including authors, and titles of literary works, this is not such a case and I accept the Complainant’s submission that the Respondent’s use makes a misrepresentation that the site is connected to the Complainant and is in some way “official.”  Without disclaimer and using the first person singular to suggest that Mr. Christopher Tolkien has written the text; this is not fair or legitimate and is misleading and confusing. I do not find rights or legitimate interest.      \r\n\r\n19.\tAs to bad faith, the Complainant relies primarily on §B11(f)(4): \r\n“(4)the domain name was intentionally used to attract Internet users, for commercial gain to the Respondent’s website or other on-line location, by creating a likelihood of confusion with a name on which a right is recognized or established, by national and\/or Community law, or it is a name of a public body, such likelihood arising as to the source, sponsorship, affiliation or endorsement of the website or location or of a product or service on the website or location of the Respondent.”  I note that in the Response, the Respondent boasts of the Google ranking for the sites. I find bad faith made out.",
    "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 Complaint is Granted\r\n\r\n\r\n\r\nthe domain name SILMARILLION, THESILMARILLION be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-05-10 00:00:00",
    "informal_english_translation": "The Complainant sought the transfer of the domain names silmarillion.eu and thesilmarillion.eu based on a Community Trade Mark and a national UK registered mark.  The Complainant also relied on its unregistered mark based on the worldwide use of the name, the title of a famous literary work, the rights to which are administered by the Complainant.  The Complaint alleged lack of rights or legitimate interest and bad faith on the basis that the Respondent was using the domain names to point to sites at which it was engaged in blatant copyright infringement by reproduction and making available the work. The Respondent was in default.   The Complainant was granted.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}