{
    "case_number": "CAC-ADREU-004717",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Respondent registered the domain name «bristolmyerssquibb.eu» (the «Disputed Domain Name») on 7th April 2006. \r\n\r\nThe Complainant, Bristol-Myers Squibb Company, is one of the largest pharmaceutical companies in the world. The Complainant has provided evidence of its numerous trade mark registrations and applications with the denomination, «Bristol Myers Squibb» within different territories of Europe, since 1993. \r\n\r\nThe Respondent does not contest the Complaint.",
    "other_legal_proceedings": "",
    "discussion_and_findings": "Regulation (EC) No 874\/2004 of 28 April 2004, sets out the principles governing registration of .eu domain names («the Regulation»). The Complainant must, in accordance with Article 21.1 of the Regulation and Paragraph B 11 (d)(1) of the ADR Rules, demonstrate that the Disputed Domain Name is identical or confusingly similar to a name in respect of which a right (of the Complainant) is recognised 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 five trademarks, registered within the EU, including BMS BRISTOL-MYERS SQUIBB, BMS BRISTOL-MYERS SQUIBB COMPANY and BRISTOL-MYERS SQUIBB MEDICAL IMAGING & Design, registered between 1993 and 2003. Further, the company is one of the world’s largest pharmaceutical companies, and was established following a merger in 1989. \r\n\r\nThe Disputed Domain Name contains the Complainant’s trade mark «Bristol Myers Squibb» in its entirety, and in the opinion of the Panel, such registration of the Disputed Domain Name renders it identical or confusingly similar to the Complainant’s trade marks. \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. 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 surrender the Disputed Domain Name immediately as it was registered without prior knowledge of the Complainant’s alleged prior rights.\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) (registered without rights or legitimate interest) of the ADR Rules are satisfied.\r\n\r\n___________________________________________________________________________________\r\n\r\nThe Panel's original decision sought to effect the remedies requested by the Complainant. The Panel has subsequently discovered that the original decision indicated that the Disputed Domain Name be transferred to the Complainant, whereas in fact, the remedy sought was revocation.\n",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name BRISTOLMYERSSQUIBB be transferred to the Complainant.\r\n\r\n___________________________________________________________________________________\r\n\r\nThe Panel hereby confirms that the Disputed Domain Name should be revoked, and not transferred to the Complainant as originally indicated in the decision.\n",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2007-12-26 00:00:00",
    "informal_english_translation": "The Respondent registered the domain name «bristolmyerssquibb.eu» on 7th April 2006. The Complainant, Bristol-Myers Squibb Company, established that it had numerous trade mark and trade name rights to the denomination, «Bristol Myers Squibb» within different territories of Europe, since 1993. The Respondent did not contest the Complaint and indicated it was willing to transfer the domain name to the Complainant. The Panel found that the Complainant did have prior rights to the domain name, and without objection by the Respondent, and given that Paragraphs B11(d)(1)(i) and (ii) of the ADR Rules were satisfied, duly ordered the transfer of the domain name to the Complainant.\r\n\r\n___________________________________________________________________________________\r\n\r\nThe Panel subsequently confirmed to EURID that the domain name should in fact be revoked and not transferred to the Complainant, and amended the original decision to this effect.\n",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}