{
    "case_number": "CAC-ADREU-004910",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant is the limited liability company with a company name Valsabbia Praha, s.r.o. with the registered office in the Czech republic and claims the transfer of the disputed domain „ferriera – valsabbia.eu“.\r\nThe company name Valsabbia Praha, s.r.o. has been recorded as an entry in the Commercial register of the Regional Court of Prague and therefore the corporate name enjoys the legal protection in accordance with the provisions of § 12 of the Commercial Code and § 19b of the Civil Code.\r\nThe Complainant is already operating a web presentation under the domain valsabbia.cz (see http:\/\/www.valsabbia.cz) and has intention to register a .eu domain to represent him on the international market. From all the possible domains, related to its business name (valsabbia.eu, ferrieravalsabbia.eu - already registered, with web presentations operating under these domains), the only choice for the Complainant is a domain ferriera-valsabbia.eu (disputed domain).\r\nThe Complainant argued that the current registration of the disputed domain name was speculative and abusive.   \r\nThe Respondent did not file any response and therefore is considered in default.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "discussion_and_findings": "The Complainant is the limited liability company with a company name Valsabbia Praha, s.r.o. with the registered office in the Czech republic and claims the transfer of a disputed domain “ferriera – valsabbia.eu”. The argumentation of this party results from the fact that the company name Valsabbia Praha, s.r.o. has been recorded as an entry in the Commercial register of the Regional Court of Prague and therefore the corporate name enjoys the legal protection in accordance with the provisions of § 12 of the Commercial Code and § 19b of the Civil Code of the Czech Republic.\r\n\r\nThe Complainant alleges that the disputed domain “ferriera – valsabbia.eu” is only one possible domain .eu, which is still available. The Complainant is aware that the domains ferrieravalsabbia.eu and valsabia.eu are already occupied.\r\n\r\nEURid confirmed that the Respondent is the current registrant of the disputed domain name.\r\n\r\nThe Respondent did not file any response and therefore is considered in default. The Panel will decide the Complaint on its merits under the assumption that the facts forwarded by the Complainant are not contended by the Respondent.\r\n\r\nThe Complainant further argued that the Respondent: \r\n\r\n- has not used the respective domain name \r\n  \r\n- has not used any name corresponding to respective domain name in connection with the selling of goods or services and has not probably made any preparation to that effect \r\n \r\n- is neither an undertaking, an organization or a natural person that is generally known under the respective domain name \r\n \r\n- does not operate a web presence under the respective domain name. \r\n\r\nThe Respondent was notified that he failed to comply with the deadline indicated in the Notification of Complaint and Commencement of ADR Proceeding for the submission of Response. The Respondent has not presented any justification for holding the disputed domain\r\nThe Panel concludes that the disputed domain name does not correspond to any web presence, which would indicate that the Respondent has any kind of trademark, or business name rights in the disputed domain or which would contain any reference to a commercial use of the same name. Thus, the Panel therefore considers that there is no element, which could be interpreted as justifying a conclusion that the Respondent has any rights to or legitimate interests in the respective domain name. \r\n\r\nIn the past, the Respondent was ordered to transfer two domain names to the respective complainants in other ADR disputes (cases 04141, 4371), which shows a pattern of unlawful behavior. \r\n\r\nIn disputes on transferring a domain name from a person who registered an .eu domain name, the Complainant must establish facts under Article 21\/1 of the Regulation:  \r\n \r\n\"1. A registered domain name shall be subject to revocation, using an approximate extra-judicial or judicial procedure, where the 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, such at the rights mentioned on Article 10\/1, and where it:  \r\n \r\n(a) has been registered by its holder without rights or legitimate interest in the name; or                 \r\n \r\n(b) has been registered or is being used in bad faith.” \r\n\r\n To succeed with the complaint, the Complainant must prove its right or interest in the name and identity or similarity of the domain name to such name and then, at least one of the two following elements: \r\n \r\n(a) registration of the domain name without right or legitimate interest; and\/or  \r\n \r\n(b) registration or use of the domain name in bad faith. \r\n  \r\nThe Complainant enclosed to the complaint Complainant’s statement from the Companies Register of the Czech Republic to prove its right in the name and its identity or similarity with the domain name. \r\n\r\nFrom the statement of the Companies Register of the Czech Republic the Panel found out that the business name of the Complainant contains only word \"Valsabbia\". The disputed domain name  „ferriera-valsabbia.eu“ consists from further more word „ferriera“ which explains Complainant as „…a word  which means „ironworks“ in Italian language, accentuating the Complainant’s   specialization on the market with iron products“. \r\n\r\nThe Panel finds that the word „ferriera“ is not part of the company name and as such is also not registered in the Czech Company Register. It is apparent that the disputed domain name is only partly identical with the company name, which is registered in Company Register of the Czech Republic. Therefore the Complainant did not fulfill requirements under Article 21\/1 of the Regulation as well as under Section B11 (d)(1)(i) of the ADR Rules.  \r\n\r\nThe Complainant did not prove the registration of the whole name corresponding to the disputed domain in the Commercial register of the Czech republic. The Panel enunciates that the legal protection of the registered name of the company belongs to the Complainant only as far as the part of the wording of the disputed domain is concerned, namely regarding the word “valsabbia”. The second part of the disputed domain - the word “ferriera” - does not form the company name of the Complainant and therefore it does not enjoy legal protection pursuant to the Czech law.\r\n\r\nThe Complainant thus did not fulfill the conditions stated in the Regulation in order to prove his prior right to the disputed domain. The Complainant did not satisfy neither the general eligibility criteria for registration set out in Paragraph 4(2)(b) of Regulation (EC) No 733\/2002 nor rights mentioned in Art. 10(1) Regulation 874\/2004.\r\n \r\n",
    "decision": "For all the foregoing reasons, in accordance with Paragraph B12 (b) of the Rules, the Panel orders that the Complaint is Denied.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2008-06-17 00:00:00",
    "informal_english_translation": "The Complainant with the company name Valsabbia Praha, s.r.o. with the registered office in the Czech republic claims the transfer of the disputed domain „ferriera – valsabbia.eu“.\r\nThe Respondent did not file any response and therefore is considered in default.\r\nThe Panel finds that the Respondent had no rights or legitimate interest in the disputed domain name and in the past, the Respondent was ordered to transfer two domain names to the respective complainants in other ADR disputes (cases 04141, 4371), which shows a pattern of unlawful behavior. \r\n\r\nThe Panel concluded that the disputed domain name is only partly identical with the company name of the Complainant. The second part of the disputed domain - the word “ferriera” - does not form the corporate name of the Complainant and therefore it does not enjoy any legal protection pursuant to the Czech law. The Complainant did not satisfy neither the general eligibility criteria for registration set out in Paragraph 4(2)(b) of Regulation (EC) No 733\/2002 nor rights mentioned in Art. 10(1) Regulation 874\/2004. \r\n\r\nThe Panel concludes that the Complainant did not fulfill the conditions stated in the Regulation in order to prove his prior right to the disputed domain and therefore the Complaint had to be denied.\r\n\r\n",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}