May 23, 2006

Recent .eu ADR decisions

As of today, 219 complaints have been filed before the Arbitration Center for .eu Disputes:
- 164 against Eurid, 55 against domain name holders
- 189 complaints filed in English, 30 in other EU languages
Follows a summary of the last three decisions.

OSCAR (00181): Due to technical limitations in the Registrar's automated application system the complainant was unable to include all the characters of its long name in its application for The application was refused by EURid based on argued non-compliance with Article 3 of Regulation 874/2004. The Panel annulled the Registry's decision.

BINGO (00210): The word Bingo against the background of a device mark of an arrow in various colors was considered by the Panel as a predominant feature of the trademark, capable of being separated from the remainder of the mark. Therefore the Panel ruled that the Registry lawfully granted the disputed domain name to the holder of this figurative trademark.

BARCELONA (00398): The decision of the Respondent to accept a composite mark including the word BARC & ELONA as a prior right in an application for the domain name should be annulled as not in accordance with the provisions of the EC Regulation 874/2004 article 11. This article requires that, where the name for which prior rights are claimed contains special characters, these shall be eliminated entirely from the corresponding domain name, replaced with hyphens or, if possible, rewritten. The words "if possible" mean that if the name can be rewritten without the use of special characters, that course should be followed. By substituting the word "and" for the character "&", it was possible, on the facts of this case, to have rewritten the name element within the prior right claimed as "barcandelona". This would have not been accepted as a prior right in an application for the domain name

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