{
    "case_number": "CAC-ADREU-005757",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complainant is an independent, privately-held motion picture, television, home video and theatrical production and distribution company.  The Complainant owns the world's largest library of modern films, comprising approximately 4,000 titles, and over 10,400 episodes of television programming. \r\n\r\nDue to its historical success and more recent success (such as the latest James Bond film - Quantum of Solace), the Complainant enjoys a very strong worldwide reputation in relation to motion picture, television, home video, and theatrical production and distribution, including in the European Union, and has extensive goodwill and a high level of brand recognition around the world.   \r\n \r\nThe Complainant, through its subsidiary Metro-Goldwyn-Mayer Lion Corp., owns many trade mark applications and registrations around the world that consist of or contain MGM.  These include Community Trade Mark registration number 000141820 for MGM in Classes 9, 38 and 41;  Community Trade Mark registration number 000141895 for MGM in Classes 14, 16, 18, 21, 25, 28 and 42 and Community Trade Mark registration number 002203529 for the figurative mark of the word “MGM”  in conjunction with the famous “Leo the Lion” figure in Classes 38 and 41.  Extracts for these registrations were attached as annexes to the Complaint. \r\n \r\nMGM Records was a record label started by the Complainant in 1946, for the purpose of releasing sound track albums of its musical films.  Among the most notable MGM Records soundtrack albums were those of the films Easter Parade, Annie Get Your Gun, Singin' in the Rain, Show Boat, and Seven Brides for Seven Brothers.  When the film The Wizard of Oz was first shown on television in 1956, MGM Records issued a soundtrack album of songs and dialogue excerpts recorded directly from the film.  MGM Records also issued albums of film scores, including Ben-Hur, King of Kings, and How the West Was Won. \r\n \r\nMGM Records later became a pop label, lasting into the 1970s.  MGM Records, Inc. was incorporated in Delaware on 13 April 1972 and sold to PolyGram (now part of Universal Music Group) in May 1972.  Polygram received perpetual rights to the \"MGM Records\" name and a ten year licence to use the MGM trade marks and logos. The company merged and ceased to exist on 01 January 1981.  An example of recent use of the MGM Records name is on the collectors edition CD cover of the original soundtrack recording for the 1988 motion picture Masquerade, released by Prometheus Records in 2005 under licence from the Complainant and\/or related entities. \r\n \r\nThe Complainant continues its link with the world of music through its MGM Music arm.  MGM Music has two main departments, MGM Creative and MGM Music Catalog Development.  MGM Music's Creative Team provides an integral connection between the music industry and the filmmakers, from choosing composers to discovering the latest singers and songwriters. \r\n \r\nThe Complainant has registered many domain names around the world (including in the EU) that consist of or contain MGM, including but not limited to: \r\n \r\n• <mgm.com> registered on 07 January 1997; and \r\n• <mgmrecords.com> registered on 24 January 2000. \r\n\r\nThe Respondent \r\n \r\nEURid's WhoIs database shows that the Disputed Domain Name was registered on 20 June 2010. \r\n \r\nThe Respondent has made no attempt to use the website to which the Disputed Domain Name resolves (“Website”) since it was registered. The only content on the Website is the statement: \r\n \r\n“123-reg has registered this domain for one of its customers.” \r\n \r\nThe Respondent and Registrant is \"Ware, P\" of Parrothouse.  Peter Ware is associated with Parrothouse (www.parrothouse.co.uk), which appears to be a recording studio in Spain.  Given his involvement in the music industry, there can be no doubt that the Respondent was aware of the Complainant and its marks at the time that he registered the Disputed Domain Name.",
    "other_legal_proceedings": "The Panel is not aware of other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "discussion_and_findings": "According to article 21,1 of the Public Policy Rules (Commission Regulation (EC) No 874\/2004 with later amendments and paragraph B 11 (d) of the ADR Rules a registered domain name shall be subject to revocation provided that each of the three following elements are satisfied: \r\n \r\n(A) The domain name is identical or confusingly similar to a trademark or service     \r\n     mark in which the Complainant has rights that are recognised or established by national  a   \r\n     and\/or Community law;  and \r\n(B) Respondent has no rights or legitimate interests in respect of the domain name;  and \r\n(C) The domain name has been registered or is being used in bad faith. \r\n \r\nThe Respondent is in default and paragraph B 10 (a) of the ADR Rules states that the Panel may consider the failure to comply with the time limits for filing a Response as grounds to accept the claims of the Complainant. Paragraph B 10 (b) of the ADR Rules further states that if a party does not comply with any provision of, or requirement under, the Rules or the Supplemental Rules or any request from the Panel, the Panel shall draw such inferences there from as it considers appropriate. \r\n \r\nA. Identical or Confusingly Similar \r\n \r\nThe contested domain name contains the Complainant’s distinctive and protected trademark MGM in full. Neither the addition of the descriptive term \"records\" as suffix nor the inclusion of the gTLD denomination “.eu” alters the fact that the domain name is confusingly similar to the Complainant’s trademark. \r\n \r\nConsequently, the Panel finds that the disputed domain name is confusingly similar to names in which the Complainant has registered rights. Under those circumstances the Panel does not need to address whether the Complainant holds non-registered rights under the UK rules of passing off that may be invoked as additional legal basis for the Complaint.   \r\n \r\nB. Rights or Legitimate Interests \r\n \r\nThe Complainant alleges that the Respondent has no rights or legitimate interests in the domain name. The Respondent has not rebutted this allegation, nor is there any material before the Panel demonstrating that such rights or interests may exist. \r\n \r\nThe Panel therefore finds that the Respondent has no rights or legitimate interests in the disputed domain name.   \r\n \r\nC. Registered or Used in Bad Faith \r\n \r\nThe burden of proof that all the requirements of Article 21, 1 of the PPR are fulfilled lies with the Complainant. \r\n \r\nThe Complainant’s trademarks are registered in the European Union and thus also in the home country of the Respondent, Spain. \r\n \r\nThe Respondent has not rebutted the substantiated allegations put forward by the Complainant. The Panel finds that it is unlikely that the contested domain name has been registered without prior knowledge of the Complainant and the Complainant’s rights and further finds that the registration and current use of the domain name is likely to disrupt or otherwise harm the business interests of the Complainant. The registration thus prevents the Complainant from reflecting its name MGM RECORDS in a corresponding domain name.  \r\n\r\nThe Panel is therefore satisfied that the domain name has been registered in bad faith.   \r\n \r\nIn conclusion, considering all the facts and evidence, the Panel finds that all the requirements of paragraph 21, 1 of the PPR and of paragraph B 11(d) of the ADR Rules 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 MGMRECORDS be revoked.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2010-10-12 00:00:00",
    "informal_english_translation": "The contested domain name contains the trademark MGM in which the Complainant holds rights. The Complainant filed a Complaint alleging that the domain name was confusingly similiar to a trademark or service mark in which the Complainant had right, that Respondent had no rights or legitimate interests in respect of the domain name; and that the domain name had been registered or was being used in bad faith. The Respondent was in default and thus did not rebut the allegations put forward by the Complainant. Since the allegations were substantiated in the Complaint the Panel found that all the requirements of Paragraph 21, 1 of the Public Policy Rules and Paragraph B 11 (b) and (d) of the ADR Rules were met and thus decided that the contested domain name should be revoked.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}