{
    "case_number": "CAC-ADREU-004336",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "1. The Complainant is a company  with headquarters in Germany, involved for severla decades in the production and distribution of well known sweets and candies as \"Merci\", \" Toffifee\" and \"nimm2\". \r\n\r\n2. The Complainant is the owner of a family of trademarks for the production and distribution of the sweets and candies, among which it registered the following:\r\na) trademark \"nimm 2\" registered at the German Patent and Trademark Office (DPMA) under the number 39645049.0, at the Austrian Patent Office under the number 68837, at the Office for Harmonization in the European Market under the number 003858362, and at WIPO (with protection inter alia for Austria) under the number 291 537, \r\nb) the trademark “Lachgummi” registered at the German Patent and Trademark Office (DPMA) under the number 934 431, at WIPO (with protection inter alia for Austria) under the number 641 701 and \r\nc) the trademark \"nimm 2 Lachgummi\", registered at the German Patent and Trademark Office (DPMA) under the number 39547582. \r\n \r\n3. The Respondent is World Online Endeavours Ltd, an organisation with address in Sweden and UK.   \r\n\r\n4. On 7 April 2006, the first day of the Land Rush period, the Respondent applied for registration of the disputed domain name NIMM2- LACHGUMMI, which registration was subsequently blocked by EURid.   \r\n\r\n7 On 24 April  2007, the Complainant issued the Complaint in the present ADR proceedings.  Having been notified of the Complaint, the Respondent did not submit a response to the Complaint within the required time period.  \r\nThe Czech Arbitration Court reminded the Respondent by a Nonstandard Communication dated 29 \r\njune 2007 that the time by which a Response must be submitted would expire on 11 \r\nJuly 2007.  On 12 July 2007, the Czech Arbitration Court issued a Notification of Respondent’s Default.   \r\n\r\n\r\n.",
    "other_legal_proceedings": "None that the Panel is aware of.",
    "discussion_and_findings": "11. According to Paragraph B11(d)(1) of the ADR Rules, the Panel shall issue a decision granting the remedies requested under the Procedural Rules in the event that the Complainant proves in ADR proceeding where the Respondent is the holder of the domain name in respect of which the Complaint was initiated that \r\n(i) the domain name is identical or confusingly similar to a name in respect of which a right is recognized or established by national and\/or Community law and; either \r\n(ii) the domain name has been registered by the Respondent without rights or legitimate interest in the name; or \r\n(iii) the domain name has been registered or is being used in bad faith. \r\narticle 21(1) of the Commission Regulation (EC) 874\/2004 of 28 April 2004 contains similar provision. \r\nIn arriving to the findings in this case, the Panel has reviewed and considered the Complainant’s submissions and annexed documents in detail and has, based on article B7(a) of the ADR rules, further taken note of the decisions in ADR cases 04037 and 04008.   \r\n\r\n\r\nI. Condition according to Paragraph B11(d)(1)(i) of the ADR Rules \r\n\r\nThe disputed domain name consists entirely of  the Complainant's trademark \"nimm2 lachgummi\" and furthermore integrate partly the trademarks “nimm2” and “Lachgummi”. All these trademarks are protected under national German, Austrian and EU law for the Complainant.  The Panel, accordingly finds that the disputed domain name is  \"identical and confusingly similar” to names in respect of which a right of the Complainant is recognised within the meaning of Paragraph B.11(d)(1) of the ADR Rules.   \r\n\r\n\r\nII. Condition according to Paragraph B11(d)(1)(iii) of the ADR Rules\r\n\r\nBad faith is defined in more detail in Paragraph B11(f) of the ADR Rules which contains a an enumeration of the circumstances which may prove the registration or use of a domain name in bad faith. The Panel finds in this case applicable at least the circumstance provided at Paragraph B 11(f)(2)(i) of the ADR Rules, as the  Respondent has engaged in a pattern of conduct where it has registered domain names in order to prevent the holder of such name in respect of which a right is recognized and established by national and\/or Community law, from reflecting this name in a corresponding domain name. In this sense, the Panel considered the following facts:\r\n- the fact that the Respondent applied for registration of the disputed domain name \"nimm2-lachgummi.eu\" on 7 April 2006, the first day of the Land Rush period and \r\n- the fact that it was already involved as a Respondent in two other ADR cases 04037 and 04008, in which the designated Panels ruled against it among others for a conduct identical to the one in this case. \r\n\r\n12.Further, no evidence has been provided or submitted by the Respondent to challenge the claims made by the Complainant and\/or that the Respondent’s registration  of domain names was for a reason  to prevent the domain names being used by holders of rights recognised by National or Community Law.\r\n\r\n13.In light of these findings, the Panel does not need to consider whether the Respondent has rights or legitimate interests in the disputed domain name as the conditions set in Paragraphs B11(d)(1)(i) and (iii) are satisfied.\r\n\r\n14 Since the Complainant has is a German registered company and based in the Germany, the Complainant also satisfies the general eligibility criteria set out in article 4.2(b) of Regulation (EC) No 733\/2002 and referred to in article 22.11 of the Commission Regulation (EC) 874\/2004. The Complainant is therefore entitled to the transfer of the disputed domain name to the Complainant.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name NIMM2-LACHGUMMI be transferred to the Complainant.\r\n\r\nThis decision shall be implemented by the Registry within thirty (30) days after the notification of the decision to the Parties, unless the Respondent initiates court proceedings in a Mutual Jurisdiction (see Paragraph B12(a) of the ADR Rules.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-08-11 00:00:00",
    "informal_english_translation": "The Complainant brought an action against the Respondent for  abusive registration of the domain name “nimm2-lachgummi.eu”. \r\n\r\nThe Panel held that the name was identical and confusingly similiar to the Complainant’s right in names registered under national and Community law. \r\n\r\nThe Panel found that the domain name in dispute had been registered in bad faith because the Respondent had engaged in a pattern of conduct involving the registration of a number of domain names which had been found by a previous Panel to be registered in order to prevent legitimate rights holders from registering corresponding domain names. \r\n\r\nThe Panel therefore ordered that the disputed domain name be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}