{
    "case_number": "CAC-ADREU-004339",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant in this proceeding is August Storck KG. The submitted evidence shows that the Complainant is the owner of the following registered trademarks:\r\n\r\nMERCI - German trademark with registration number 802273 with priority from May 16, 1964.;\r\n\r\nMERCI - European Community trademark with registration number 003858231 with priority from May 27, 2004;\r\n\r\nMERCI-PUR MANDEL SAHNE – German trademark with registration number 39531298.1 with priority from July 29, 1995;\r\n\r\nMERCI PUR HERBE SAHNE - German trademark with registration number 39531275.2 with priority from July 29, 1995;\r\n\r\nMERCI PUR KAFFEE SAHNE - German trademark with registration number 39531274.4 with priority from July 29, 1995;\r\n\r\nMERCI PUR HELLE SAHNE - German trademark with registration number 39531266.3 with priority from July 29, 1995.\r\n\r\nThe Respondent in this proceeding is World Online Endeavours, Ltd. On April 7, 2006, the Respondent registered the disputed domain name <merci-pur.eu>. \r\n\r\nThe Czech Arbitration Court (“CAC”) acknowledged receipt of the Complainant’s Complaint regarding the disputed domain name on October 3, 2007. \r\n\r\nOn October 22, 2007, CAC acknowledged receipt of the Respondent’s Response.",
    "other_legal_proceedings": "There are no other legal proceedings of which the Panel is aware that are pending or decided and that relate to the disputed domain name.",
    "discussion_and_findings": "The Complainant must, in accordance with Article 21.1 of Commission regulation (EC) No. 874\/2004 and Paragraph B 11 (d)(1) of the ADR Rules, demonstrate that the domain name <merci-pur.eu> is identical or confusingly similar to a name in respect of which a right (of the Complainant) is recognized or established by the national law of a member state and\/or Community law and either (a) the disputed domain name has been registered by the Respondent without rights or legitimate interest in the name; or (b) the domain name has been registered or is being used in bad faith.\r\n\r\nThe Complainant is, according to the submitted evidence, the owner of the following registered trademarks: MERCI, MERCI-PUR MANDEL SAHNE, MERCI PUR HERBE SAHNE, MERCI PUR KAFFEE SAHNE and MERCI PUR HELLE SAHNE. Furthermore, the Complainant relies upon protection of the brand name MERCI PUR in accordance with Paragraph 4, 14 of the German Trademark Act. The definition of ‘prior rights’ as referred to in Article 21 of Commission regulation (EC) No. 874\/2004 is defined in Article 10(1) and includes unregistered trademarks, trade names and business identifiers in as far as they are protected under national law in the member-state where they are held.\r\n\r\nThe disputed domain name <merci-pur.eu> contains the Complainant’s registered trademark MERCI in its entirety. In addition to this, the disputed domain name contains the phrase “merci pur” which is an integrated part of the following registered trademarks: MERCI-PUR MANDEL SAHNE, MERCI PUR HERBE SAHNE, MERCI PUR KAFFEE SAHNE and MERCI PUR HELLE SAHNE.\r\n\r\nHaving the above in mind, it is the opinion of the Panel that the disputed domain name <merci-pur.eu > is confusingly similar to the trademarks of the Complainant which are recognized within the meaning of Paragraph B.11(d)(1) of the ADR Rules.\r\n\r\nIt has been argued by the Complainant that the disputed domain name has been registered by the Respondent without rights or legitimate interest in the name. In its Response, the Respondent has not submitted any evidence indicating that the Respondent is the owner of any rights similar to the disputed domain name or that the Respondent is or has been commonly known by the disputed domain name. On the contrary, the Respondent has indicated that it is prepared to cancel the domain name registration if the Complainant would terminate the ADR proceeding.\r\n\r\nThus, the Respondent has failed to invoke any circumstances which could demonstrate any rights or legitimate interests in respect of the disputed domain name in accordance with the requirements of Article 21.1 of Commission regulation (EC) No. 874\/2004 and Paragraph B11(d)(1)(ii) of the ADR Rules and the Panel finds that the disputed domain name has been registered by the Respondent without rights or legitimate interest in the name. \r\n\r\nIn the light of these findings, the Panel does not need to consider whether the disputed domain name has been registered or is being used in bad faith as the conditions set in Paragraphs B11(d)(1)(i) and (ii) of the ADR Rules are satisfied.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name <merci-pur.eu> be transferred to the Complainant.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-11-21 00:00:00",
    "informal_english_translation": "The Complainant, August Storck KG, is, according to the submitted evidence, the owner of the following registered trademarks: MERCI, MERCI-PUR MANDEL SAHNE, MERCI PUR HERBE SAHNE, MERCI PUR KAFFEE SAHNE and MERCI PUR HELLE SAHNE.\r\n\r\nThe Respondent is World Online Endeavours, Ltd. registered the domain name <merci-pur.eu> on April 7, 2006.\r\n\r\nThe Panel held that the domain name was confusingly similar to the Complainant’s registered trademarks and that the domain name was registered by the Respondent without rights or legitimate interest in the name. \r\n\r\nSince the conditions set in Paragraphs B11(d)(1)(i) and (ii) of the ADR Rules were satisfied, the Panel did not have to consider whether the disputed domain name was registered or used in bad faith.\r\n\r\nAccordingly, the Panel ordered the transfer of the domain name <merci-pur.eu> to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}