{
    "case_number": "CAC-UDRP-107312",
    "time_of_filling": "2025-02-17 09:03:37",
    "domain_names": [
        "euipp.com "
    ],
    "case_administrator": "  Iveta Špiclová   (Czech Arbitration Court) (Case admin)",
    "complainant": [
        "European Union Intellectual Property Office (EUIPO) "
    ],
    "complainant_representative": "Mgr. Rudolf Bicek Ph.D. (Schönherr Rechtsanwälte GmbH, organizační složka)",
    "respondent": [
        "Mark Traded"
    ],
    "respondent_representative": null,
    "factual_background": "<p>The European Union Intellectual Property Office (&ldquo;EUIPO&rdquo; and &ldquo;the Complainant&rdquo;) is a recognised agency of the European Union and its sole official agency responsible for the registration and administration of various kinds of intellectual property rights, including trademarks. It is the registered owner of the aforesaid EUIPO trademarks.<\/p>\n<p>The Complainant has continuously used the EUIPO trademarks since their registration to designate the goods and services it provides under the trademarks.<\/p>\n<p>On 24 July 2024, the Respondent registered the domain name &lt;euipp.com&gt; (&ldquo;the disputed domain name&rdquo;) and caused it to resolve to a website. That website promotes itself as an actor for registering trademark and presenting itself as being the European IP Protection (&ldquo;the EUIPP&rdquo;). On screenshots provided by the Complainant one can read \"rapid registration\", &ldquo;quick registration\", \"Register your trademark now\".<\/p>\n<p>The Respondent has, according to the Complainant, also been using the disputed domain name and its website to send out emails from &ldquo;EUIPP&rdquo; with the subject matter &ldquo;Trademark filing request\", and indicating \"Yesterday, we received a request for the registration of the trademark [Trademark Name]. This request was not made by you or your company, but by a third party, as observed from the application forms. Upon verification, we noticed that the name of your company is similar, although in a different sector. However, since your company was previously registered with the business office, you have the first option to register this trademark.<\/p>\n<div class=\"page\" title=\"Page 5\">\n<div class=\"layoutArea\">\n<div class=\"column\">\n<p><em>If you prefer that they do not use this trademark, please let us know. In that case, you can register the trademark yourself. If you wish to register the trademark in Belgium, the costs are &euro;599, excluding VAT. Your registration will be processed within 24 hours. An overview of the fees for a European or international registration is available on our website.\"<\/em><\/p>\n<\/div>\n<\/div>\n<\/div>\n<p>The Complainant is concerned that the registration of the disputed domain name, its use in the resolving website and in the emails sent, are calculated to give the false impression that the EUIPP is an official agency for the processing of EU trademarks, to pass itself off as the Complainant and to obtain payment for the illegitimate services allegedly offered by the Respondent.<\/p>\n<p>The Complainant filed a complaint on 14 February 2025 and the Complainant requested &ldquo;Cancellation&rdquo; of the disputed domain name.<\/p>",
    "other_legal_proceedings": "<p>The Panel is not aware of any other legal proceedings which are pending or decided and which relate to the disputed domain name.<\/p>\n<div class=\"page\" title=\"Page 3\">\n<div class=\"section\">\n<div class=\"layoutArea\">\n<div class=\"column\">\n<p>The Complainant sought to resolve the matter outside the UDRP procedure on 2 December 2024 by submitting a filing through abuseform.com of the Registrar. This has yielded no results to date.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>",
    "no_response_filed": "<p>The Complainant contends that the requirements of the Policy have been met and that the disputed domains name should be transferred to it. The Complainant makes a number of legal arguments and also supplies a set of annexes providing evidence of its activities and of the Respondent's use of the disputed domain name.<\/p>\n<p>No administratively compliant Response has been filed by the Respondent.<\/p>",
    "rights": "<p>The Complainant has, to the satisfaction of the Panel, shown 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).<\/p>",
    "no_rights_or_legitimate_interests": "<p>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).<\/p>",
    "bad_faith": "<p>The Complainant has, to the satisfaction of the Panel, shown 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).<\/p>",
    "procedural_factors": "<p>It ought to be indicated that the Centre sent the Complaint to the Respondent but neither the written notice of the Complaint nor the advice of delivery thereof was returned to the Center. No other address for correspondence was found on the disputed domain name.<\/p>\n<p>The notice of the Commencement of the administrative proceeding was sent also by e-mail. Yet, the e-mail notices sent to postmaster@euipp.com and to invoices@euipp.com were returned back undelivered as the e-mail addresses had permanent fatal errors. The e-mail notice was also sent to mark.traded@gmail.com and to info@euipp.com, but the Center never received any proof of delivery or notification of undelivery. No further e-mail addresses could be found on the disputed site.<\/p>\n<p>The Respondent never accessed the online platform.a<\/p>\n<p>&nbsp;<\/p>\n<p>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.<\/p>",
    "decision": "Accepted",
    "panelists": [
        "David-Irving Tayer"
    ],
    "date_of_panel_decision": "2025-03-16 00:00:00",
    "informal_english_translation": "<p>The Complainant has established by evidence that it owns the following trademarks:<\/p>\n<ul>\n<li>\n<p>the international trademark for EUIPO, registration number 1751909, filed and registered on August 17, 2023;<\/p>\n<\/li>\n<li>\n<p>the EU trademark for EUIPO, registration number 018839087, field on February 21, 2023 and registered on 27 July 2023;<\/p>\n<\/li>\n<li>\n<p>the international trademark for EUIPO EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE, registration number 1753711, registered on August 17, 2023; and<\/p>\n<\/li>\n<li>\n<p>the EU trademark for EUIPO EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE, registration number 018839135, field on February 21, 2023 and registered on 27 July 2023<\/p>\n<\/li>\n<\/ul>\n<p><span>(collectively &ldquo;the EUIPO trademarks&rdquo;).<\/span><\/p>",
    "decision_domains": {
        "euipp.com ": "CANCELLED"
    },
    "panelist": null,
    "panellists_text": null
}