{
    "case_number": "CAC-ADREU-005685",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Respondent registered the domain name “bigbank.eu” on April 7, 2006. \r\n\r\nIn this context, the Complainant brought a complaint against the Respondent on 5 May, 2010 (hereinafter the “Complaint”). \r\n\r\nThe Respondent failed to file the response (hereinafter the “Response”) to the Complaint.",
    "other_legal_proceedings": "The Panel is not aware of any other proceedings between the parties related to the domain name in question.",
    "discussion_and_findings": "As it results from section B 11 (d) (1) of the ADR Rules, Article 21 (1) of the (EC) Regulation No. 874\/2004 (hereinafter the “Regulation”), Article 4 (2) (b) (EC) Regulation No. 733\/2002, it is possible to transfer the respective domain name in question to the entity (having its registered office or central administration within the EU or is established within the EU) in a case the following conditions are fulfilled:    \r\n\r\n(A) domain name in question is identical or confusingly similar to a name in respect of which a right is recognized or established by national law of a Member State and\/or Community law (hereinafter also referred to as the “Prior Right”) and; either\r\n\r\n(B) domain name in question has been registered by its holder without rights or legitimate interest in the name; or \r\n\r\n(C) domain name in question has been registered or is being used in bad faith. \r\n\r\nAccording to Article B 11 (a) of the ADR Rules a Panel shall decide a Complaint on the basis of the statements and documents submitted and in accordance with the Procedural Rules. Due to the fact that the Respondent did not provide any statement in the ADR Proceeding the Panel could only examine the submission and documentary evidence provided from the part of the Complainant.      \r\n\r\nFirstly, the Panel dealt with the question whether domain name “bigbank.eu” is identical or confusingly similar to a name in respect of which a right is recognized or established by national and\/or Community law.  Based on the review of the submission and documentary evidence provided by the Complainant, the Panel concluded that the Complainant has Prior Right to the name “BIGBANK” that is confusingly similar to the domain name in question, i.e. “BIGBANK”.  This fact clearly appears from the company name of the Complainant that contains dominant and characteristic element “BIGBANK” as well as from various trademarks registered by the Complainant, in particular, from the Community Trademark (reg. no. 006962138) containing dominating verbal element “BIGBANK”. The condition mentioned under letter (A) above is therefore fulfilled.\r\n\r\nSecondly, regarding the fulfillment of the condition set out under letter (B) above, the Panel examined whether the Respondent has registered domain name in question without rights or legitimate interest. Due to the fact that the Respondent did respond to the Complaint, the Panel further considered the Complaint including attached documentary evidence provided by the Complainant. As it results from the review of relevant facts and documentary evidence available to the Panel, there is no proof of the existence of any rights or legitimate interest related to the domain “BIGBANK” from the part of the Respondent. Thus, it appears that the Respondent has registered the domain name “bigbank.eu” without rights or legitimate interest. The condition mentioned under letter (B) above is therefore fulfilled. \r\nOn the ground that the conditions stated above under letters (A) and (B) are fulfilled, the Panel did not further consider whether the condition specified under letter (C) above is met as well.\r\n\r\nMoreover, due to the fact that the Complainant is registered by the Commercial Registry in Estonia and has its registered office and central administration in Estonia, the general eligibility criteria set out in Article 4(2) (b) of the Regulation (EC) No. 733\/2002 is met as well. \r\n \r\nBased on the reasons mentioned above, the Panel concluded that all conditions set out for the transfer of the disputed domain name “bigbank.eu” to the Complainant are met.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name BIGBANK be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2010-08-17 00:00:00",
    "informal_english_translation": "The Complainant has brought a complaint against the Respondent who registered domain name “bigbank.eu” on April 7, 2006. \r\n\r\nThe Complainant inter alia argued that the domain name is confusingly similar to the relevant part of the company name “BIGBANK” of the Complainant as well as it is confusingly similar to the dominating verbal element “BIGBANK” contained in various national and community trademarks owned by the Complainant, in particular, the Community Trademark (reg. no. 006962138). Furthermore, the Complainant stated that the Respondent registered the respective domain without having any rights or legitimate interest and in bad faith. The Respondent failed to provide any Response to the Complaint. \r\n \r\nThe Panel came to the conclusion that the domain in question, i.e. “BIGBANK” is confusingly similar to the respective part of the company name of the Complainant, i.e. “ BIGBANK” and confusingly similar to the dominating verbal element “BIGBANK” contained in the Community Trademark (reg. no. 006962138). \r\n\r\nMoreover, due to the fact that the Complainant provided the Panel with the facts confirming the lack of rights or legitimate interest from the part of the Respondent in regard to the disputed domain name and the Respondent failed to provide the Panel with any Response the Panel further concluded that the Respondent has no rights and no legitimate interest in regard to the disputed domain name “BIGBANK”.       \r\n \r\nTherefore, the Panel orders that domain name be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}