{
    "case_number": "CAC-ADREU-008870",
    "time_of_filling": "2025-11-13 19:37:17",
    "domain_names": [
        "cost-gemstone.eu"
    ],
    "case_administrator": "Olga Dvořáková (Case admin)",
    "complainant": [
        "UM SOPRO DE ALEGRIA LDA"
    ],
    "complainant_representative": "Joao Granja (UM SOPRO DE ALEGRIA - LDA)",
    "respondent": [
        "Ekkehard Franz Weete (Erasmus MC)"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The Complainant is UM SOPRO DE ALEGRIA LDA of Portugal.<\/p>\n<p>The domain name &lt;cost-gemstone.eu&gt; was originally registered on behalf of the Complainant and used for a website promoting an EU funded project.<\/p>\n<p>Due to a failure in the renewal process, the domain name expired and was registered by the Respondent on September 17, 2025. It resolves to a website with pornographic content.<\/p>\n<p>The Complainant filed a Complaint on November 13, 2025, and filed an Amended Complaint on November 21, 2025.<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any pending or decided legal proceedings related to the disputed domain name.<\/p>",
    "discussion_and_findings": "<p>Article 4.4 of Reg. (EU) 2019\/517 provides:<\/p>\n<ol start=\"4\">\n<li>A domain name may also be revoked, and where necessary subsequently transferred to another party, following an appropriate ADR or judicial procedure, in accordance with the principles and procedures on the functioning of the .eu TLD laid down pursuant to Article 11, where that name is identical or confusingly similar to a name in respect of which a right is established by Union or national law, and where it:<\/li>\n<\/ol>\n<ul>\n<li>has been registered by its holder without rights or legitimate interest in the name; or<\/li>\n<li>has been registered or is being used in bad faith.<\/li>\n<\/ul>\n<p>The Complainant has provided no evidence of the &ldquo;prior reputation and established identity of the COST Action&rdquo;. The Panel understands that, in context, COST stands for &ldquo;European Cooperation in Science &amp; Technology&rdquo; and the relevant Action is &ldquo;GEnomics of MusculoSkeletal traits TranslatiOnal Network (&ldquo;GEMSTONE&rdquo;).<\/p>\n<p>The Complainant does not contend that &ldquo;Cost Action Gemstone&rdquo; is recognized under EU or Portuguese law as a trademark and the Panel understands that registration is necessary for any such recognition. Nor has the Complainant contended that &ldquo;Cost Action Gemstone&rdquo; is a name in respect of which a right is otherwise established by Union or national law.<\/p>\n<p>Accordingly, although the Panel finds<strong> <\/strong>the Respondent&rsquo;s &lt;cost-gemstone.eu&gt; domain name to be confusingly similar to the name of the EU-funded project, &ldquo;Cost Action Gemstone&rdquo;, the Complainant has not shown that &ldquo;Cost Action Gemstone&rdquo; is a name in respect of which a right is established by Union or national law.<\/p>\n<p>In light of this finding, it is unnecessary to consider whether the Respondent has rights or legitimate interest in the disputed domain name nor whether the disputed domain name was registered or is being used in bad faith.<\/p>\n<p>The Panel finds that the requirements for the transfer or revocation of the disputed domain name (B (11) (d) ADR Rules) are not satisfied.<\/p>",
    "decision": "<p>For all the foregoing reasons, in accordance with Paragraphs B12 (b) and (c) of the Rules, the Panel orders that&nbsp;the Complaint is Denied.<\/p>\n<p><\/p>",
    "panelists": [
        "Alan Limbury"
    ],
    "date_of_panel_decision": "2025-12-30 00:00:00",
    "informal_english_translation": "<p>I. Disputed domain name: &lt;cost-gemstone.eu&gt;&nbsp;<\/p>\n<p>II. Country of the Complainant: &nbsp;Portugal, country of the Respondent: Germany.<br \/><br \/>III. Date of registration of the domain name: September 17, 2025.<br \/><br \/>IV. Rights relied on by the Complainant (B(11)(f) ADR Rules) on which the Panel based its decision: The claimed reputation of the Cost Action Gemstone project.<\/p>\n<p>V. Response submitted: No.<br \/><br \/>VI. Domain name is neither identical nor confusingly similar to the protected right of the Complainant.<br \/><br \/>VII. Rights or legitimate interests of the Respondent (B(11)(f) ADR Rules): Unnecessary to consider.<br \/><br \/>VIII. Bad faith of the Respondent (B(11)(e) ADR Rules): Unnecessary to consider.<br \/><br \/>IX. Other substantial facts the Panel considers relevant: None.<br \/><br \/>X. Dispute Result: Complaint denied.<br \/><br \/>XI. Procedural factors the Panel considers relevant: None.<br \/><br \/><\/p>\n<p>XII. Is Complainant eligible? Unnecessary to consider.<\/p>",
    "decision_domains": [],
    "panelist": null,
    "panellists_text": null
}