{
    "case_number": "CAC-ADREU-005117",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The complainant “AKBANK TURK A.S.”, well-known briefly as “AKBANK”, is a top-tier Turkish bank that has subsidiaries and a branch office in Europe. The complainant has registered service mark AKBANK in Turkey and in several other countries as well as under Madrid Protocol. Respondent has registered domain name akbank.eu but has not started to use the domain name.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceeding regarding the disputed domain name.",
    "discussion_and_findings": "According to Article B11(d)(1) of the ADR Rules, the Panel shall issue a decision granting the remedies requested under the Procedural Rules in the event that Complainant proves in the ADR proceeding that: \r\n \r\n(i) the domain 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 and; either \r\n \r\n(ii) the domain name has been registered by the Respondent without rights or legitimate interest in the name; or \r\n \r\n(iii) the domain name has been registered or is being used in bad faith. \r\n \r\n\r\n\r\nFirstly the question whether the domain 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 shall be analysed.\r\n\r\nThe Complainant has proven that it is the holder of trademark AKBANK having both national registrations in several countries and international registration under Madrid Protocol.\r\n\r\nTherefore, the domain name akbank.eu is identical to a name in respect of which a right of Complainant is established, and the condition set forth under Article B11(d)(1)(i) of the ADR Rules is fulfilled. \r\n\r\n\r\nSecondly it must be analysed whether the domain name has been registered by the Respondent without rights or legitimate interest in the name or whether the domain name has been registered or is being used in bad faith.\r\n\r\nThe Complainant states that the Respondent has no rights or legitimate interests in respect of the domain name because the Respondent has made no claim that he is using the domain names in connection with a bona fide offering of goods and services and the domain name in question is not a mark by which the Respondent is commonly known. The Complainant has also argued that the Respondent has made no use of its domain name and there is no evidence whatsoever of any good faith use of or intention to use the domain name akbank.eu. The Complainant has thereby established a prima facie lack of rights or legitimate interest in the domain name by the Respondent.\r\n\r\nThe Respondent had a possibility to notify the Panel of its rights or legitimate interests in the name by filing a response to the complaint but the Respondent did not file any response in this ADR case. \r\n\r\nArticle B11(e) of the ADR Rules provide a non-exhaustive list of  circumstances that shall demonstrate Respondent’s rights or legitimate interests to the domain name. None of these circumstances have been proven and the Panel has no other evidence proving the rights or legitimate interests of the Respondent. Considering also the Respondent’s failure to present a timely response the Panel finds that the Respondent has no rights or legitimate interest in the Domain Name. \r\n \r\nAs the Respondent has registered domain name akbank.eu without rights or legitimate interests in it, it is not necessary to investigate Respondent’s possible bad faith under Article B11(d)(1)(iii) of the ADR Rules. \r\n \r\n\r\nThe remedy sought by the Complainant is transfer of the domain name akbank.eu to the Complainant. As the Complainant has a registered branch within the Community, it satisfies the general eligibility criteria for registration of the Domain Name set out in Paragraph 4(2)(b) of Regulation (EC) No 733\/2002. Therefore, Complainant is entitled to request the transfer of the Domain Name.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that\r\n\r\nthe domain name AKBANK be transferred to the Complainant, to the Complainant's branch office registered in Malta.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2008-10-07 00:00:00",
    "informal_english_translation": "The Complainant is the holder of the trademark AKBANK, which is identical with the domain name akbank.eu. The Respondent does not have any rights or legitimate interests in the said domain name and failed to submit a response. The domain name was transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}