{
    "case_number": "CAC-ADREU-005837",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "TURKCELL ILETISIM A.S. is the Turkey's leading mobile telecommunications operator and is also one of the biggest GSM operator in Europe. Turkcell has also established a registered subsidiary in Germany, Turkcell Europe GmbH. Tukcell is therefore a protected corporate name within EU. In addition, the complainant's trade\/service mark TURKCELL was registered as Community Trademark (CTM) with priority from 2002. The Complainant has a number of other trade marks registered in various countries worldwide and also holds several domain name registrations containing the \"turcell\" brand.\r\n\r\nThe Respondent is a physical person residing in Germany.",
    "other_legal_proceedings": "N\/A",
    "discussion_and_findings": "The Panel agrees with the Complainant that the disputed domain name \"turkcell.eu\" is identical with the Complainant's protected brand TUKCELL.\r\n\r\nThen the Panel considered whether Respondent's rights or legitimate interest in the disputed domain name have been demonstrated. Here the Panel refers to a Panel decision ADR 2035 (WAREMA) in which the Panel stated in relation to demonstrating a right or legitimate interest in the disputed domain name according to Art. 21(2)(a) and (b) of the Regulation EC\/874\/2004: “Furthermore, the Panel holds that although the burden of proof lies with the Complainants, the existence of a right or legitimate interest is difficult to prove since the relevant facts lie mostly in the sphere of the holder.  Hence, the Panel holds that it is sufficient that the Complainants contend that the obvious facts do not demonstrate a right or legitimate interest of the Respondent in the Domain Name. The onus then shifts to the Respondent to produce factual evidence for a right or legitimate interest”. \r\n \r\nThe Panel agrees with this approach. The Complainant complied with the stated requirements and the Respondent failed to file a Response, therefore the Panel agrees with the Complainant that the Respondent does not have any rights or legitimate interest in the disputed domain name.\r\n\r\nFinally the Panel also confirms the Complainant's arguments with respect of the Respond's bad faith. The Panel finds it proven by the Complainant that the Respondent, a Turkish individual living in Germany, must have known about the protected name TURKCELL before registering it as a domain name and that Respondent must have intended to get an unfair gain from such registration and subsequent use of the disputed domain name.\r\n\r\nThe Complainant requested transfer of the disputed domain name. The Complainant mentioned in its Complaint its EU branch, Turkcell Europe GmbH, seated in Germany, and clarified subsequently that it requests the disputed domain name to be transferred to the Complainant's EU branch - Turkcell Europe GmbH. \r\n\r\nThe Panel's view is that by nominating its EU branch as the transferee of the disputed domain name the Complainant through its branch incorporated in Germany is an entity eligible to be the holder of .eu domain name in accordance with Par. 4(2) b) of Regulation 733\/2002. \r\n\r\nTherefore the Panel orders that the domain name turkcell.eu be transferred to Turkcell Europe GmbH.",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name TURKCELL be transferred to the Complainant's branch within EU:\r\n\r\nTurkcell Europe GmbH, seated at c\/o DLA Piper, Hohenzollernring 72, 50672 Köln, Germany, Registration Number: HR B 70098.",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2011-01-30 00:00:00",
    "informal_english_translation": "The Complainant, a large Turkish company with international business, requested transfer of the disputed domain name from the Respondent, a Turkish individual living in Germany. The Complainant has proven all the necessary issues for the transfer. The Respondent failed to file the Response. The Complainant mentioned in its Complaint its EU branch, seated in Germany, through which it conducts it business operations within EU. The Complainant clarified subsequently that it requests the disputed domain name to be transferred to the Complainant's EU branch. \r\n\r\nThe Panel's view is that by nominating its EU branch as the transferee of the disputed domain name the Complainant through its branch incorporated in Germany is an entity eligible to be the holder of .eu domain name in accordance with Par. 4(2) b) of Regulation 733\/2002. \r\n\r\nTherefore the Panel orders that the domain name turkcell.eu be transferred to the Complainant's German branch.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}