{
    "case_number": "CAC-ADREU-005941",
    "time_of_filling": null,
    "domain_names": [],
    "case_administrator": null,
    "complainant": [],
    "complainant_representative": null,
    "respondent": [],
    "respondent_representative": null,
    "factual_background": "The Complaint is filed in the name of ANDREAS I. KANNAS & SONS LIMITED of Nicosia, Cyprus (hereinafter referred to as “first Complainant”).\r\n\r\nThe Complainant is a company engaged in the business of selling electrical automotive spare parts, batteries, accessories, bearings, parts and tools to the Cyprus market. The Complainant was incorporated as a limited liability company in 1986 (Company Registration No. HE 26666, under the name ANDREAS I. KANNAS & CO. LIMITED. In 1994 the Complainant changed its name to ANDREAS I. KANNAS & SONS LIMITED.\r\n\r\nThe Complainant is the holder of a valid trademark, issued by the Registrar of Companies in Cyprus (Trademarks Division) in 1990, Trademark Registration Number 32278 under the name ANDREAS I. KANNAS & CO LTD. The Complainant has also registered in its name the domain name www.kannas.com.cy since 22\/11\/2002.\r\n\r\n The Respondent did not provide any information concerning its business as it failed to reply to the Complainants’ contentions. However, the Respondent is known for trying to make money by registering third parties’ trademarks as domain names.  The Respondent was involved in numerous ADR proceedings in which the domain names were all transferred to complainants based on the identity with prior rights. \r\n\r\nThe Complainant filed an application for registration of the domain name www.kannas.eu on 20 March 2006, one month after the opening of Phase 2 of the Sunrise period. \r\n\r\nEurid sent an email confirming the application of 20 March 2006 stating that he was no. 1 in the queue for registration at the time. For the purpose of this registration, he had been requested to submit documentary evidence in order to be able to prove his prior right within 40 days. The Complainant’s representative in Cyprus in charge of handling the procedure for registering the domain name failed to provide the aforementioned documentary evidence within 40 days due to the fact that it never requested the Complainant to provide any supporting documentation.\r\n\r\nFollowing the application for the registration of the domain name which was done within the Sunrise period, Eurid sent an email on 11 July 2006 informing the Complainant that his application for the Domain name kannas.eu had been rejected because the documentary evidence received did not prove the right claimed because no evidence had been provided showing said prior right, and thus the application had been rejected and the applicant no longer had a priority in the queue.\r\n\r\n\r\nFollowing this, the Respondent, registered the domain name after expiry of the Sunrise period on 12 September 2006. The domain name has an “On Hold” status, meaning that it is active but may not be traded or transferred pending the outcome of legal activity.",
    "other_legal_proceedings": "The Panelist is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "discussion_and_findings": "The Complaint was filed pursuant to Article 22 (1) (a) of the Regulation (EC) No. 874\/2004, which provides that an ADR procedure may be initiated by any party where the registration of a domain name is speculative or abusive within the meaning of Article 21 of the Regulation (EC) No. 874\/2004.\r\n\r\nAccordingly, the Panelistist’s decision has to be based on the provisions of Art. 21 of the Regulation (EC) No. 874\/2004. The domain name has therefore to be transferred if the domain name:\r\n\r\na)\tis 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\nb)\thas been registered by its holder without rights or legitimate interests in the name; or\r\nc)\thas been registered or is being used in bad faith.\r\n\r\nOnce the Complainant has established that the Domain Name is identical or confusingly similar to a name in respect of which a Right is recognised or established by national law of a member state and\/or community law, the Complainant has only to prove one of the elements set out in Article 21 1.(a) or (b), namely, that it is registered without rights or legitimate interests in the name or has been registered or used in bad faith.\r\n\r\nA. Respondent’s rights or legitimate interests with regard to the domain name\r\n\r\nThe Respondent has not filed a Response in time or at all, and there is no evidence before the Panelistist of any legitimate interest of the Respondent in the Domain Name.  \r\n\r\nArticle 21 (1) (a) of the Regulation (EC) No. 874\/2004 requires the Complainant to prove that the Respondent has no rights or legitimate interests in the disputed domain name. However, as it is often an impossible task of proving a negative, requiring information that is often primarily within the knowledge of the respondent, it is the Panelistist’s view that if the complainant makes a prima facie case that the Respondent has no rights or legitimate interests and the Respondent fails to show one of the circumstances under Article 21 (2) of the Regulation No. 874\/2004, then the Respondent may lack a legitimate interest in the domain name.\r\n\r\n\r\nThe domain name kannas.eu is identical with the Complainant’s trademark.  The Complainant has shown that the Respondent has neither a license nor any other permission to use the trademark incorporating the name “kannas” in which the Complainant has exclusive rights.  The Panelistist thus finds that the Complainant has made a prima facie showing that the Respondent has no rights or legitimate interests in the domain name kannas.eu.\r\n\r\nThe Respondent does not dispute the above. There is no evidence of its use, or demonstrable preparations to use the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services.  Further, no evidence has been provided that the Respondent trades under the domain name or the name “kannas” or is commonly known by the disputed domain name.\r\n\r\n\r\nThe Panelistist therefore accepts the Complainant’s contention that the Respondent has no rights or legitimate interests in the domain name and that the requirement of Article 21 (1) (a) of the Regulation (EC) No. 874\/2004 is also satisfied.\r\n\r\nB. Identity or Confusingly Similarity\r\n\r\nThe test of confusing similarity under the Regulation is confined to a comparison of the disputed domain name and the trademark alone, independent of the products for which the domain name is used or other marketing and use factors, usually considered in trademark infringement cases.\r\n\r\nThe Domain Name is identical to a name in respect of which the Complainant has Rights recognised by national law of a member state by virtue of its Cyprus Trade Mark registration for the name ANDREAS I. KANNAS & CO LTD.\r\n\r\nFurther, the name KANNAS forms part of the Complainant’s corporate name, ANDREAS I. KANNAS & SONS LIMITED and is used in connection with its domain names www.kannas.com.cy and www.kannas.com\r\n\r\nThe Panelist thus finds that the domain name kannas.eu is identical to the Complainant’s trademark and that therefore the first requirement of Article 21 (1) of the Regulation (EC) No. 874\/2004 is satisfied.\r\n\r\nC. Bad faith registration and use\r\n\r\n\r\nHaving determined that the Respondent has no rights or legitimate interest in the Domain Name it is not necessary for the Panelist to determine whether it has been registered in bad faith as alleged by the Complainant. Thus, the Panelist need not make a finding concerning bad faith use and registration.\r\n\r\nD. Transfer of the domain name\r\n\r\n\r\nThe Complainant is a limited liability company incorporated under Cyprus law and having its place of business within the European Community, Art 4 (2) (b) (i) of the Regulation (EC) No. 733\/2002.  Therefore, the requirements for the requested transfer of the domain name to the Complainant are satisfied (Section B No. 1 (b) (12) of the ADR Rules).",
    "decision": "For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that the domain name KANNAS be transferred to the Complainant",
    "panelists": [
        null
    ],
    "date_of_panel_decision": "2011-06-08 00:00:00",
    "informal_english_translation": "The Complainant is doing business in the field of electrical automotive spare parts, batteries, accessories, bearings, parts and tools to the Cyprus market.  The Complainant was incorporated as a limited liability company in 1986 (Company Registration No. HE 26666, under the name ANDREAS I. KANNAS & CO. LIMITED. In 1994 the Complainant changed its name to ANDREAS I. KANNAS & SONS LIMITED. The Complainant is the holder of a valid trademark, issued in Cyprus (Trademarks Division) in 1990, under the name ANDREAS I. KANNAS & CO LTD. The Complainant has also registered in its name the domain name www.kannas.com.cy and www.kannas.com. \r\n\r\nThe Complainant argues that the Respondent has no rights or legitimate interest in the name and that the Disputed Domain Name has been registered and is being used in bad faith. The Respondent did not dispute the Complainants’ assertions. \r\n\r\nThe Panelist found that the domain name kannas.eu is identical to the Complainant’s trademark “ANDREAS I. KANNAS & CO LTD”. Furthermore, the Panelist finds that the Complainant has made a prima facie showing that the Respondent has no rights or legitimate interests in the domain name kannas.eu. As the Respondent did not dispute these assertions, the Panelist accepts the Complainant’s contention that the Respondent has no rights or legitimate interests in the domain name and ordered that the disputed domain name shall be transferred to the Complainant.",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}