{
    "case_number": "CAC-ADREU-004410",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant is the owner of more than 1.000 trademarks containing name “4711” including several German and European trademarks registered in 1895, 1915, 1925 and 1998 for inter alia perfumeries and cosmetics. The Complainant is seeking transfer of the domain name “4711.eu” registered by the Respondent to the Complainant.",
    "other_legal_proceedings": "The Panel is not aware of any legal proceedings which relate to the disputed domain name.",
    "discussion_and_findings": "According to Article 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\n\r\n\r\nI. Condition according to Article B11(d)(1)(i) of the ADR Rules \r\n\r\nThe Complainant submitted several excerpts from the trademarks register to prove the existence of the registered trademarks containing the name “4711”. The word element “4711” is the most distinctive part of the combined (word\/image) German trademarks (No. 206680, 5261, 339885). Besides that, the Community trademark CTM 603217 is a word trademark with the only word “4711”. It may be stated that “4711” is a dominant element of all these trademarks.\r\n\r\nWithout a doubt, the Complainant has proven the existence of its rights to the name “4711” as recognized by national law of a Member State (German trademarks No. 206680, 5261, 339885) and Community law (CTM 603217) consisting of a dominant element “4711.”\r\n\r\nThe Panel therefore came to the conclusion that the domain name 4711.eu is identical with the prevailing element of the trademarks of the Complainant. Therefore, the Panel concludes that the condition set forth under Article B11(d)(1)(i) of the ADR Rules has been fulfilled. This conclusion could not be affected by the existence of the suffix “.eu” as a part of the 4711.eu domain name, as this suffix is not relevant for the consideration of the identity and the similarity of the domain name as stated in ADR 596 (RESTAURANTS), ADR 475 (HELSINKI) and ADR 387 (GNC) decisions. \r\n\r\n\r\nII. Condition according to Article B11(d)(1)(ii) of the ADR Rules\r\n\r\nThe Complainant contends that the Respondent has no rights or legitimate interest in the domain name. \r\n\r\nThe Panel is of the opinion that it is very difficult for the Complainant to prove the non-existence of rights or legitimate interest of the Respondent. It is predominantly upon the Respondent to demonstrate the existence of his rights or legitimate interest in the domain name, but the Respondent has not responded to the Complaint at all. Therefore, the Panel had to review the existence of the Respondent’s right or legitimate interest on the basis of Complainant’s arguments and evidence only.\r\n\r\nThe legitimate interest is defined in more detail in Article 21(2) of the Commission Regulation (EC) 874\/2004 (and similarly in Article B11(e) of the ADR Rules) which contains a demonstrative enumeration of the circumstances which may prove the rights or legitimate interest.\r\n\r\nThe Complainant proved that the Respondent used the domain name as the address of the website which contained the links to the search results. The website doesn’t contain any contact information of the Respondent (or any other party) and there is no information about products or services offered by the Respondent. The Panel agrees with the conclusion of the Complainant that such a website is a “fake” website used only to demonstrate the real use of the domain name.  The Panel concludes that it has not been demonstrated that the Respondent has really used the domain name prior to the notice of an ADR procedure in connection with the real offer of goods or services. Furthermore, it has not been demonstrated that the Respondent has made demonstrable preparation to do so (Article B11(e)(1) of the ADR Rules). \r\n\r\nIt has not been proved that the Respondent has been commonly known by the domain name (Article B11(e)(2) of the ADR Rules).\r\n\r\nIt has not been proved that the Respondent was 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 on which a right is recognized or established (Article B11(e)(3) of the ADR Rules).\r\n\r\nAny circumstance demonstrating the existence of right or legitimate interest of the Respondent has been proved. Therefore, the Panel concludes, that the domain name 4711.eu has been registered by the Respondent without rights or legitimate interest in the name.\r\n\r\n\r\nIII. Condition according to Article B11(d)(1)(iii) of the ADR Rules\r\n\r\nThe Complainant contends that the Respondent registered and uses the domain name in bad faith. The bad faith is defined in more detail in Article 21(3) of the Commission Regulation (EC) 874\/2004 (and similarly in Article B11(f) of the ADR Rules) which contains a demonstrative enumeration of the circumstances which may prove the registration or use of a domain name in bad faith.\r\n\r\nThe bad faith of the Respondent follows from the\r\n\r\n(a) insertion “Domain Handler” used by the Respondent in its name when registering the domain name “4711.eu”; this insertion indicates that the domain name could be sold by its owner, the “domain handler” (domain dealer) and the domain name has been therefore registered primarily for the purpose of selling - Article 21(3)(a) of the Commission Regulation (EC) 874\/2004; \r\n\r\n(b) high degree knowledge of the name “4711” as being a name of the perfumes and cosmetics, and from the fact that the Respondent registered several other domain names which he had no rights or legitimate interests in – see ADR 01328 (TSE-SYSTEMS), ADR 02235 (PALMERSCOCOABUTTER) and ADR 04274 (SALOMON-SPORTS) – the Panel is of the opinion that the domain name “4711.eu” has been registered in order to prevent the Complainant from reflecting this name in the corresponding domain name. Furthermore, the pattern of such conduct of the Respondent is demonstrated by the above mentioned ADR decisions. Therefore, the condition set up in Article 21(3)(b)(i) of the Commission Regulation (EC) 874\/2004 is met;\r\n\r\n(c) fact that the website accessible via domain name 4711.eu is used primarily for searching and returns replies with the links to the searched terms and these links are sponsored (see text “Sponsored listings …” in the screenshots provided by the Complainant – without a doubt these sponsored listings bring a commercial profit to the Respondent). The domain name 4711.eu is therefore used to attract Internet users, for commercial gain, to the Respondent’s website creating a likelihood of confusion with a name “4711” - Article 21(3)(d) of the Commission Regulation (EC) 874\/2004.\r\n\r\nTherefore, the Panel concludes, that the domain name 4711.eu has been registered by the Respondent in bad faith.\r\n\r\n\r\nThe Complainant has satisfied the requirements of the Article 21(1) of Commission Regulation (EC) 874\/2004 and Article B11(d)(1) of the ADR Rules. Therefore, the Panel finds the Complaint as justified. The Complainant is a company based and registered in the Germany and satisfies the criteria set out in the Article 4(2)(b)(i) of the Commission Regulation (EC) 733\/2002, and so, it is entitled to receive the transfer of the domain name.",
    "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 domain name 4711 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 Article B12(a) of the ADR Rules) .",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-06-27 00:00:00",
    "informal_english_translation": "The Complainant is the owner of combined (word\/image) German trademarks (No. 206680, 5261, 339885) with the dominant word element “4711” and Community word trademark CTM 603217 with the only word “4711”. The domain name “4711.eu” registered by the Respondent is therefore identical with the prevailing element of the trademarks of the Complainant.  \r\n\r\nThe Respondent has not responded to the Complaint and has not provided the Panel with any evidence demonstrating the existence of Respondent’s rights or legitimate interest in the name “4711.eu.” Besides that, from the evidence provided by the Complainant, any circumstance demonstrating the existence of right or legitimate interest of the Respondent has been proved. Therefore, the Panel concluded, that the domain name 4711.eu was registered by the Respondent without rights or legitimate interest in the name.\r\n\r\nThe domain name “4711.eu” was registered by the Respondent in bad faith as the respondent used an insertion “Domain Handler” (i.e. Domain Dealer in English) in its name when registering the domain name and this insertion could indicate that the Respondent is ready to sell its domain names including “4711.eu.” Furthermore, the Panel is of the opinion that the domain name “4711.eu” has been registered in order to prevent the Complainant from reflecting this name in the corresponding domain name as the name “4711” is known as a name of the perfumes and cosmetics and the Respondent registered several other domain names which he had no rights or legitimate interests in – see ADR 01328 (TSE-SYSTEMS), ADR 02235 (PALMERSCOCOABUTTER) and ADR 04274 (SALOMON-SPORTS). Finally, the domain name 4711.eu is used to attract Internet users, for commercial gain, to the Respondent’s website creating a likelihood of confusion with a name “4711,” as the website accessible via domain name 4711.eu is used primarily for web searching and returns replies with the links to the searched terms and these links are sponsored (text “Sponsored listings …”) – without a doubt these sponsored listings bring a commercial profit to the Respondent.\r\n\r\nFor these reasons, registration without rights or legitimate interest and registration in bad faith, the Panel decided to transfer the domain name “4711.eu” to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}