{
    "case_number": "CAC-ADREU-004478",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant, a non-profit organization, is the European branch of PICMG, the PCI Industrial Computer Manufacturers Group, Inc. of the USA. PICMG is a registered trademark owned by the USA company. On 4 April 2006, Forum Foundation, an association management company acting on behalf of the Complainant, requested the registration of the domain name picmg.eu .  Due to a mistake by the Registrar in The Netherlands, the domain name picmg.eu was not registered in the name of Forum Foundation. On 9 April 2006 the Respondent registered the domain name picmg.eu for personal use. Currently the Complainant uses the domain name picmgeu.org.",
    "other_legal_proceedings": "So far as the Panel is aware, there are no other legal proceedings relating to the disputed domain name.",
    "discussion_and_findings": "Under Article 22 of Commission Regulation (EC) No 874\/2004 (“the Regulation”), an ADR procedure may be initiated “by any party” where the registration is speculative or abusive within the meaning of Article 21. Accordingly, it is not necessary for the Complainant to establish that it is the registered proprietor or licensee of the trademark PICMG nor that it has common law rights in that mark: see Case No. 4040.  However, under Article 21, the Complainant must prove that the challenged domain 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” and that either \r\n\r\n(a)\tthe domain name has been registered by its holder without rights or legitimate interests in the name; or \r\n\r\n(b)\tthe domain name has been registered or is being used in bad faith. \r\n\r\nSo far as this Panel is aware, there are no .eu cases which have held that a U.S. federally registered trademark is a name in respect of which a right is recognised or established by national and\/or Community law, within the meaning of Article 21 of the Regulation. This Panel finds that the U.S. registered trademark PICMG is not such a name.\r\n\r\nAlthough the Complainant does not rely on its own name, PICMG Europe, as constituting such a name, that issue must be addressed. The Complainant claims to be the European branch of PICMG, the PCI Industrial Computer Manufacturers Group, Inc. of the USA. It provides no evidence of this nor any proof of the nature of its legal personality, if any, such as corporation, partnership or joint venture. Nor does it provide any evidence showing that the names PICMG or PICMG Europe are registered in any part of the European Community, either as a company name or as a business name.  Under these circumstances this Panelist declines to find that either PICMG or PICMG Europe are names in respect of which a right is recognised or established by national and\/or Community law.\r\n\r\nIt follows that the Complaint must fail.  It is unnecessary to consider confusing similarity, legitimacy or bad faith.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the Complaint is Denied",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-08-04 00:00:00",
    "informal_english_translation": "Under Article 22 of Commission Regulation (EC) No 874\/2004, an ADR procedure may be initiated “by any party” where the registration is speculative or abusive within the meaning of Article 21. However, the Complainant must prove that the domain 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.” \r\n\r\nSo far as this Panelist is aware, there are no .eu cases which have held that a U.S. federally registered trademark is a name in respect of which a right is recognised or established by national and\/or Community law, within the meaning of Article 21. This Panel finds that the U.S. registered trademark PICMG is not such a name.\r\n\r\nThe Complainant provides no evidence that the names PICMG or PICMG Europe are registered in any part of the European Community, either as a company name or business name.  Under these circumstances this Panelist declines to find that either PICMG or PICMG Europe are names in respect of which a right is recognised or established by national and\/or Community law.\r\n\r\nThe Complaint is denied.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}