{
    "case_number": "CAC-ADREU-005092",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "Complainant is the owner of a number of trademarks CHUPA CHUPS. A list of Community Trademark registrations corresponding and\/or containing the CHUPA CHUPS trademark is enclosed with the complaint.  \r\n\r\nThe CHUPA CHUPS community trademark No. 2271138 for goods of international class 14 was registered on november 25, 2002\r\n\r\nThe domain name chupachups.eu was registered on April 7, 2006.",
    "other_legal_proceedings": "To the knowledge of the Panel, there are no other legal proceedings pending or decided that relate to the domain name chupachupswatches.eu (“the Domain Name”).",
    "discussion_and_findings": "To succeed in its Complaint, the Complainant must show that the requirements of Article 21(1) of the Commission Regulation (EC) No. 874\/2004 have been complied with. That paragraph reads as follows: \r\n\r\n\"A registered domain name shall be subject to revocation, using an appropriate extra-judicial or judicial procedure, where that 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 as the rights mentioned in 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\nIn addition, Article 22(10) of the Regulation and Paragraph B10(a) of the ADR rules provide that: \r\n\r\n“In the event that a Party does not comply with any of the time periods established by these ADR Rules or the Panel, the Panel shall proceed to a decision on the Complaint and may consider this failure to comply as grounds to accept the claims of the other Party”.\r\n\r\nThe Complainant has provided sufficient evidence that it is the proprietor of many  trade mark registrations for the name CHUPA CHUPS, which were registered before the contested domain name.\r\n\r\nThe domain name CHUPACHUPSWATCHES.EU is a combination of the CHUPA CHUPS trademark and the generic word WATCHES.\r\n\r\nThis panel is of the opinion that, as previously considered in numerous decisions, the addition in a domain name of a generic, descriptive and\/or geographic term to a trademark, is not sufficient to avoid confusion. In this sense WIPO Overview of WIPO Panel Views on Selected UDRP Questions where: «Confusing similarity has been found because the domain name contains a trademark and a dictionary word.»\r\n  \r\nThe Complainant has, therefore, satisfied the requirements of the first paragraph of Article 21(1). \r\n\r\nThe Complainant has further asserted that the Respondent is not known by the name and does not hold any exclusive rights or rights of any nature to the Domain name.\r\n\r\nThese assertions are not contradicted by the Respondent. Should the Respondent have rights or legitimate interests to the domain name, the Panel assumes that it would have advised the Panel of the same. As no response was filed, the Panel therefore accepts that the Respondent does not have rights or legitimate interests to the contested domain name. \r\n\r\nIn the absence of any submission on the issue from the Respondent, the Complainant has satisfied the requirements of Article 21(1)(a).  It is therefore not necessary to examine the Complainant’s assertion of the Respondent’s bad faith.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name CHUPACHUPSWATCHES be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2009-02-16 00:00:00",
    "informal_english_translation": "The Complainant is the holder of many CHUPA CHUPS Community Trade Mark registrations and alleges that the Respondent does not have rights or legitimate interests to the domain name.\r\n\r\nThe Panel finds that the addition in the domain name of the generic word WATCHES to the registered trademark CHUPA CHUPS does not avoid confusion. The Complainant has, therefore, satisfied the requirements of the first paragraph of Article 21(1). \r\n\r\nIn the absence of any submission on the issue from the Respondent,  the Complainant's assertion of no rights or legitimate interest on the part of the Respondent is accepted.\r\n\r\nIt is therefore not necessary to examine the Complainant’s assertion of the Respondent’s bad faith.\r\n\r\nConsequently, the domain is ordered to be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}