{
    "case_number": "CAC-ADREU-005118",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant trades in advertising, media buying, on-line marketing and public relations.    \r\n\r\nThe Complainant is generally known as Byron and has a number of trading divisions including Bryon Advertising Ltd which specialises in various advertising activities.  The Complainant registered the domain name byronadvertising.co.uk on 28 November 2001 and trades on the internet using that domain name. The Complainant does not have any registered trade mark rights (whether in the name Bryon Advertising or otherwise).  \r\n\r\nThe Complainant has established that the Respondent has effectively cloned the Claimant’s website.  The cloned website is at the site of the Domain Name.  Although the Claimant has no registered rights, it asserts that it has unregistered rights in various names which entitle it to relief under the applicable Rules, as are more particularly set out below.",
    "other_legal_proceedings": "To the knowledge of the Panel, there are no other legal proceedings pending or decided that relate to the disputed domain name byronadvertising.eu (“the Domain Name”).",
    "discussion_and_findings": "Article 11 d (1) of the ADR Rules provides that the Panel shall issue a decision granting the remedies requested under the procedural rules if the Complainant can establish that;\r\n\r\n(i) \tthe domain name in issue is identical or confusingly similar to a name in respect of which a right is recognised or established by national and\/or community law and:\r\n\r\n(ii)\tthe domain name has been registered by the Respondent without rights or legitimate interest in the name; or\r\n\r\n(iii)\tthe domain name has been registered or is being used in bad faith\r\n\r\nRights in the name\/identical and confusingly similar\r\n\r\nBased on the information provided by the Complainant the Panel accepts that the Complainants has rights in the name Byron and Byron Advertising.  It accepts (in relation to, at least, Bryon Advertising) that the Domain Name is identical or confusingly similar to this name.\r\n\r\nIt is sensible for the Panel to look with care at the extent of unregistered rights in a name in the absence of registered rights which are plainly easier to establish.  Nonetheless, having regard to the content of the Complaint, the absence of any contrary contentions by the Respondent and the content of the Complainant’s website, the Panel finds that such rights exist in, at least, the UK and would be capable of founding an action to restrain unregistered trade mark infringement (“passing off”).  Accordingly, the first element of the relevant Article is made out.\r\n\r\nLegitimate interest\r\n\r\nThe Respondent having declined to file any response from the Complaint there is no evidence before the panel to suggest that the Respondent has any rights or legitimate interest  in the Domain Name.  Having regard to the circumstances of the registration set out above, it is, to say the least, improbable that such rights exist.  The Panel accordingly finds that the Respondent has no rights or legitimate interest in the Domain Name.\r\n\r\nBad faith\r\n\r\nThe circumstances of the Respondent’s registration set out above are, to say the least, suspicious.  The provision of erroneous “whois” data coupled with the  establishment of a website which is evidently identical to that of the Complainant raises a strong case that the grounds for bad faith as defined in Article 21.3 (d) of the Public Policy Rules above are made out.  The Panel accordingly finds that the domain name has been registered by the Respondent in 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 BYRONADVERTISING be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2008-10-20 00:00:00",
    "informal_english_translation": "The Complainant Bryon Publicity Ltd seeks transfer to it of the Domain Name byronadvertising.eu.  No response was filed by the Respondent to the Complaint.  The Panel has found that the Complainant had rights and interests in the Domain Name, as the Domain Name was identical or confusingly similar to a name in which it had rights.  The Panel has also found that the Respondent has no rights or legitimate interest in the disputed Domain Name and that it was registered in bad faith.\r\n\r\nThe Domain Name is accordingly to be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}