{ "case_number": "CAC-ADREU-004990", "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 trademarks consisting or comprising “STAER”, including the following trademarks: \r\n\r\n-\tRomanian trademark STAER registered on 23.09.2005 No. 68433 \r\n-\tRomanian trademark STAER registered on 23.09.2005 No. 71274\r\n-\tInternational trademark STAER registered on 24.03.2006 No. 9000886 covering 52 countries \r\n\r\nThe Complainant is furthermore the registrant of the domain names registered on May 5, 2003 and registered on March 31, 2003.", "other_legal_proceedings": "The Panel is not aware of any other legal proceedings relating to the disputed domain name.", "discussion_and_findings": "According to Article 21(1) of the Regulation the Complainant must show that the disputed 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 (1) and that the disputed domain name has been registered by its holder without rights or legitimate interest in the name; or has been registered or is being used in bad faith (2). \r\n\r\n1 - The Complainant has provided evidence of ownership of a number of trademark registration for STAER and of the trade name STAER. \r\n\r\nThe Panel finds that the Domain Name is therefore identical to the trademarks and trade name owned by the Complainant. \r\n\r\nIn comparing the Complainant’s marks to the Domain Name with reference to it should be taken into account that the suffixes, including the .eu top level domains, may be excluded from consideration as being merely a functional component of a domain name. \r\n\r\nIn view of the above, the Panel finds that the Complainant has proven that the Domain Name is identical to the trademarks and trade name in which the Complainant has rights in accordance with Article 21(1) of the Regulation. \r\n\r\n2 - The Complainant must show that the Respondent has no rights or legitimate interests in respect of the Domain Name or that the Domain Name has been registered or is being used in bad faith. \r\n\r\nThe Respondent may establish a right or legitimate interest in the Domain Name by demonstrating in accordance with Article 21.2 of the Regulation and Article B.11.e of the ADR Rules any of the following:\r\n\r\n(a) prior to any notice of an alternative dispute resolution (ADR) procedure, the Respondent has used the domain name or a name corresponding to the domain name in connection with the offering of goods or services or has made demonstrable preparation to do so; \r\n(b) Respondent, being an undertaking, organization or natural person, has been commonly known by the domain name, even in the absence of a right recognized or established by national and\/or Community law; \r\n(c) Respondent is 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 by national and\/or Community law.\r\n\r\nIt is well-established that the burden of proof lies on the Complainant. However, satisfying the burden of proving a lack of the Respondent’s rights or legitimate interests in respect of the Domain Name according to Article 21(1) of the Regulation is potentially quite onerous, since proving a negative circumstance is always more difficult than establishing a positive one. \r\n\r\nAccordingly, it is sufficient that the Complainant shows prima facie case in order to shift the burden of proof on the Respondent. If a respondent fails to demonstrate rights and legitimate interests in the Domain Name, a complainant is deemed to have satisfied paragraph Article 21(1) of the Regulation. \r\n\r\nThe Panel observes that there is no relation, disclosed to the Panel or otherwise apparent from the record, between the Respondent and the Complainant. The Respondent is not a licensee of the Complainant, nor has the Respondent otherwise obtained an authorization to use the Complainant’s trademarks.\r\n\r\nFurthermore, there is no indication before the Panel that the Respondent is commonly known by the Domain Name, has made preparations to use the Domain Name in connection with the offering of goods or services, or that it intends to make a legitimate, non-commercial or fair use of the Domain Name.\r\n\r\nThe Panel finds that the Respondent’s indication that “there are several websites with no connection with staer trademark that could claim also a legitimate interest” and that the Complainant does not have an exclusive right on the sign STAER is somewhat irrelevant for the present procedure and overall does not provide the Panel with an evidence of the Respondent’s right or legitimate interest. \r\n\r\nFurthermore, the Panel notes that the disputed domain name has never been used since its registration in 2006 and the Respondent did not provide any evidence to the contrary. This constitutes evidence of registration in bad faith pursuant to Article 21.3 (b) (ii) of the Regulation and Paragraph B 11 (f) (2) (ii) of the ADR Rules.", "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name STAER be transferred to the Complainant.", "panelists": [ null ], "date_of_panel_decision": "2009-01-13 00:00:00", "informal_english_translation": "The Complainant has provided evidence of ownership of a number of trademark registration for STAER and of the trade name STAER which is identical to the disputed domain name. \r\n\r\nThe Panel finds that the Complainant has established a prima facie lack of rights or legitimate interest of the Respondent in the disputed domain name and that the Respondent has not provided the Panel with convincing evidence of rights or legitimatlegitimate interest in the disputed domain name. \r\n\r\nThe Panel also finds that the disputed domain name has been registered in bad faith since it has not been used in a relevant way for over two years from its registration.", "decision_domains": [], "panelist": null, "panellists_text": null }