{
    "case_number": "CAC-UDRP-104495",
    "time_of_filling": "2022-05-26 09:32:13",
    "domain_names": [
        "agfa.co.nl"
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "AGFA-GEVAERT N.V."
    ],
    "complainant_representative": "Novagraaf Belgium NV\/SA",
    "respondent": [
        "Sanne Parlevliet"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is a reputable Belgian-based corporation that develops, manufactures, and distributes a wide range of analog and digital imaging products and IT solutions, primarily focusing on the healthcare and printing industries. The Complainant offers its services worldwide. \r\n\r\nThe Complainant uses its trademarks and domain names in connection to its activities worldwide.\r\n\r\nThe Respondent registered the disputed domain name <AGFA.CO.NL> on 22 August 2021 (\"the disputed domain name\"). \r\n\r\nThe Complainant sent an e-mail to the registrar <abuse@metaregistrar.com> asking to suspend the disputed domain name. The Complainant notes that the disputed domain name’s status remained active and was not suspended according to its status up until the filing of the complaint. \r\n\r\nThe Complainant has not received a response from the Respondent. \r\n\r\nThe Complainant requests that the language of the proceedings is English.",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights (within the meaning of paragraph 4(a)(i) of the Policy).",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).",
    "procedural_factors": "The Panel is satisfied that all procedural requirements under UDRP were met and there is no other reason why it would be inappropriate to provide a decision.\r\n\r\nThe Czech Arbitration Court operates as a .co.nl domain name dispute resolution provider and is therefore competent.\r\n\r\nThe language of the Registration Agreement for the disputed domain name is Dutch. From the evidence on record, no agreement appears to have been entered into between the Complainant and the Respondent regarding the language. The Complainant filed its Complaint in English and requested that English be the language of the proceedings.\r\n\r\nThe Panel notes that:\r\n\r\n(a) the Complainant requested a change of the language from Dutch to English; \r\n\r\n(b) the whole case file is in English;\r\n\r\n(c) the Respondent has been given the opportunity to present its case in these proceedings and to respond formally to the issue of the language of the proceedings;\r\n\r\n(d) the Respondent has not responded to nor contested the Complainant’s request for a change of the language from Dutch to English. \r\n\r\n\r\nConsidering the above circumstances, the Panel finds that the choice of English as the language of the present proceedings is fair to both parties and is not prejudicial to either one of the parties in his or her ability to articulate the arguments for this case.",
    "decision": "Accepted",
    "panelists": [
        "Tom  Joris Heremans"
    ],
    "date_of_panel_decision": "2022-07-05 00:00:00",
    "informal_english_translation": "The Complainant is the owner of several trademarks and domain names including the word AGFA.\r\n\r\nIn particular, the Complainant is the owner of the following AGFA trademarks:\r\n\r\n- EU trademark registration N° 3353463 for the word mark \"AGFA\", in classes 1, 2, 7, 9, 10 and 42, registered on 24 January 2005;\r\n\r\n- EU trademark registration N° 008133167 for the figurative mark \"AGFA\" in classes 1, 2, 7, 9, 10 and 42, registered on 17 February 2010; \r\n\r\n- EU trademark registration N° 009440801 for the figurative mark \"AGFA\" in classes 1, 2, 7, 9 and 10, registered on 20 March 2011; \r\n\r\n- EU trademark registration N° 011649803 for the word mark \"AGFA\" in class 2, registered on 7 August 2013;\r\n\r\n- EU trademark registration N° 013086251 for the figurative \"AGFA\" in classes 1, 2, 3, 5, 7, 9, 10, 17, 24 and 42, registered on 2 March 2015;\r\n\r\n- EU trademark registration N° 015553662 for the figurative mark \"AGFA\" in class 9, registered on 6 January 2017;\r\n\r\n- EU trademark registration N° 015598113 for the figurative mark \"AGFA\" in classes 1, 2, 3, 7, 9, 10, 17, 24 and 42, registered on 27 February 2017.\r\n\r\n(the “Complainant's trademarks\").\r\n\r\n\r\nThe Complainant asserts to have domain names consisting of the word \"AGFA\", such as <AGFAGRAPHICS.COM> and <AGFAGRAPHICS.NL>, which are connected to the official website of the Complainant (\"the Complainant's domain names\").",
    "decision_domains": {
        "AGFA.CO.NL": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}