{
    "case_number": "CAC-ADREU-004477",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "Acc. to a letter of the owner of the German figurative trademarks “walther-praezision” (DE 305 03 690)and “walther-praezision Schnellkupplungssysteme” (DE 305 03 691) the Complainant is licensee of the above trademarks and owner of the German word trademark “Walther” (DE 713 811\/07).\r\n\r\nThe domain name “WALTHER-PRAEZISION.eu” has been registered with the Respondent on 7 June, 2006.  \r\n\r\nOn 18 March, 2008 the Czech Arbitration Court (CAC) received Complainant’s Complaint. \r\n\r\nThe Complainant requests the Panel to decide:\r\n\r\n\r\n\r\nTransfer of the domain name WALTHER-PRAEZISION.eu to the Complainant. \r\n\r\n\r\n\r\nRespondent did not file a response to the Complaint.",
    "other_legal_proceedings": "There are no other legal proceedings of which the Panel is aware that are pending or decided and which relate to the disputed domain name.",
    "discussion_and_findings": "A claim for the transfer of the domain name to Complainant can only be granted in case the requirements of Article 21.1 of the EC Regulation No. 874\/2004 (Speculative and abusive registrations) are complied with and Complainant is eligible to register .eu domain names acc. to Article 4.2 b) of the EC Regulation No. 733\/2002 (see also Paragraph B.11(b) ADR Rules). \r\n\r\nI.\r\n\r\nAs Respondent has not disputed the facts provided by Complainant with the Complaint, the Panel regards the facts provided by Complainant as given acc. to Paragraph B 10 ADR Rules (see also ADR 2810 “RATIOPARTS”, 3976 “ABAT”, 4108 “YOUNGLIFE”). \r\n\r\nII.\r\n1. \r\n\r\nComplainant has proved by a letter of the licensor that it is the licensee of the owner of the trade mark “WALTHER-PRAEZISION”. In this letter it is stated that the Complainant has entered into a license agreement with the licensor on 19 July, 2005. Therefore, and in the absence of any contradiction by the Respondent, the Complainant is eligible to enforce a trademark right acc. to Article 10.1 of the EC Regulation No. 874\/2004. \r\n\r\n2.\r\n\r\nThe domain name “WALTHER-PRAEZISION.eu” is confusingly similar to the Complainant’s trade mark “WALTHER-PRÄZISION”.\r\n\r\na)\tThe suffix “.eu” is to be disregarded in this respect (see also ADR 475 “HELSINKI”; 387 “GNC”; 596, “RESTAURANT”, 3976 “ABAT” 4108 “YOUNGLIFE”). \r\n\r\nb)\tThe figurative elements of the German trademark “WALTHER-PRAEZISION” merely consist of two chops of the German Patent and Trademark Office “Deutsches Patent- und Markenamt 29”, located to the left and right of the dominant words “walther praezision” in bold letters. However, in an excerpt from the original database “dpinfo” of the German Patent and Trademark Office, the chops do not appear at all. However, even if these chops were part of the trademark, they would not hinder the impression that the trademark is confusingly similar to the disputed domain name, as the public would regard the chops as (descriptive) confirmation of the registration of the trademark such as a “TM” sign attached to a trademark.\r\n\r\nc)\tFurther, the use of the German umlaut “ä” in the trademark instead of “ae” in the domain name is irrelevant, as it does not influence the overall impression that the terms “walther präzision” and “walther-praezision” are confusingly similar. Neither does the hyphen in the domain name.\r\n\r\n3.\r\n\r\nComplainant has argued that Respondent has no rights or legitimate interests in the domain name “WALTHER-PRAEZISION.eu”. The burden of proof is on Complainant’s side (see also ADR 1304 “KEMET”). However, Complainant has presented its results of investigation with respect to the negative fact of the missing rights and legitimate interests of Respondent in the domain name “WALTHER-PRAEZISION.eu”. The Complainant stated that no business activities of the Respondent could be figured and its company details read “There are no branches associated with this Company”. \r\n\r\nAcc. to Paragraph B 10 ADR Rules and in view of the missing response of Respondent the Panel accepts this presentation as given and bases its decision on this presentation.  \r\n\r\nIII.\r\n\r\nTherefore, the Panel did not have to decide, whether the Respondent registered and\/or used the domain name “WALTHER-PRAEZISION” in bad faith. \r\n\r\nIV.\r\n\r\nAs Complainant is a registered German company, acc. to Article 4.2 (b) (i) EC Regulation No. 733\/2002, Complainant is entitled to request the transfer of the domain name “WALTHER-PRAEZISION.eu”.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that\r\n\r\n \r\n\r\nthe domain name WALTHER-PRAEZISION be transferred to the Complainant.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2008-07-07 00:00:00",
    "informal_english_translation": "Complainant is the licensee of the owner of the German figurative trademark “walther praezision”. The domain name “WALTHER-PRAEZISION.eu” has been registered with the Respondent on 7 June, 2006.\r\n\r\nThe Complainant asserts rights acc. to Article 21.1, and 2 of the EC Regulation No. 874\/2004 due to a lack of right or legitimate interest of Respondent in the domain name. He further claims that Respondent registered the domain name and\/or used it in bad faith.\r\n\r\nRespondent did not file a response. \r\n\r\nAs Complainant’s assertions have not been disputed by Respondent, such assertions have been adopted by the Panel and build the basis of the Panel’s decision. \r\n\r\nAs the Complainant has proven that it is, as licensee of the trademark owner, the owner of a right acc. to Articles 21.1 in connection with 10.1 EC-Regulation 874\/2004, and, further, that Respondent has no rights or legitimate interests in the domain name, and as further Complainant is eligible to register domain names acc. to Article 4.2 (b) EC Regulation 733\/2002, the Panel decided to accept the Complaint. Accordingly, the Panel decided to let the domain name “WALTHER-PRAEZISION” be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}