{
    "case_number": "CAC-ADREU-004387",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "1. The Complainant is a member of the AP Moller-Maersk group of companies, which employs over 110,000 people in over 125 countries.  The oil and gas activities of the group were established in Denmark in 1962.  Oil and gas activities are ongoing in, among other places, the North Sea, from bases in Denmark and the U.K. under the MAERSK trademark.\r\n\r\n2. A related company in the AP Moller-Maersk group owns, in addition to many others, Danish trademark registration VR 1956 00383, the word MAERSK registered for, inter alia, all goods in Class 4 (which includes \"oil\"). In addition to this registered trademark right, the Complainant has Danish and U.K. company names comprising \"Maersk Oil\".",
    "other_legal_proceedings": "The Panel is unaware of any other legal proceedings, pending or decided, which relate to the disputed domain name.",
    "discussion_and_findings": "7. In the absence of a Response, the Panel has looked very carefully at the evidence submitted by the Complainant concerning the website operated by the Respondent under the disputed domain. The Panel can confirm that the domain name is \"parked\" at GoDaddy.com with a website comprised of links to what appears to be the competitors of the Complainant. By directing traffic in this way, the Respondent and\/or GoDaddy were in a position to profit from their activities.\r\n\r\n8. Article 21(1) of Regulation 874\/2004 states:  “A registered domain name shall be subject to revocation, using an appropriate extra-judicial or judicial procedure, where that name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and\/or Community law, such as the rights mentioned in Article 10(1), and where it: (a) has been registered by its holder without rights or legitimate interest in the name; or (b) has been registered or is being used in bad faith.”  \r\n\r\nIdentity or confusing similarity\r\n9. Complainant has submitted evidence which demonstrates that the domain is similar to a name in respect of which rights are recognised by applicable law. The Complainant owns trademark rights in MAERSK covering \"oil\". The Panel finds that the domain name MAERSKOIL.EU is confusingly similar to the Complainant's trademark rights. This finding is consistent with prior case law whereby trademark rights in a part of a domain name are infringed where the remainder of the domain name is descriptive, see CAC Case No. 4337, where ENTERPRISECARRENTAL.EU was considered confusingly similar to ENTERPRISE (registered for a car rental service), CAC Case No. 4345, where MERCKGROUPE.EU was considered confusingly similar to MERCK, and CAC Case No. 4319, where AIRFRANCEAIRLINES.EU was considered confusingly similar to AIR FRANCE (registered for airline services).  Further, Complainant has company name rights in \"Maersk Oil\".\r\n\r\nRight or legitimate interest \r\n10. The Panel can see nothing which indicates that the Respondent has any right or legitimate interest in the domain. The Respondent has had an opportunity to demonstrate any such rights but has failed to do so. The Panel is therefore satisfied that the Article 21(1)(a) grounds are made out.    \r\n\r\nBad faith\r\n11. The Respondent uses the domain intentionally to attract Internet users for commercial gain. The activities carried on by the Respondent seem to be the very embodiment of bad faith and represent exactly the type of activity which the Council Regulations, in both their spirit and letter, seek to prevent.  \r\n\r\n12. For these reasons, the Panel has decided that the Respondent’s ownership of the domain should be revoked and the domain name should be transferred 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 MAERSKOIL be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-09-07 00:00:00",
    "informal_english_translation": "Compliant owns trademark rights in the word MAERSK, registered for \"oil\", as well as company names comprising \"Maersk Oil\". Respondent uses the domain name MAERSKOIL.EU on a \"parking site\" which lists apparent competitors of the Complainant. \r\n\r\nHaving held firstly that the domain name was confusingly similar to the Complainant's trademark rights, the Panel found that Respondent had no right or legitimate interest in the domain name, and was using it in bad faith by parking it, for commercial gain, at a website listing the apparent competitors of the Complainant. Accordingly, the Panel ordered the transfer of the domain name to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}