Eurostar.eu

The ADR Proceeding related to a Complaint challenging the decision of the Registry to register the disputed domain name. The Complaint was based on two grounds:

1. Inadequate prior rights; and

2. Application in bad faith

With respect to the adequacy of prior rights of the holder of the disputed domain name the Panel agreed with the assessment of the Registry that the domain name holder demonstrated its prior right in accordance with Section 19.2 of the Sunrise Rules. The domain name holder is the proprietor of a figurative trademark consisting of the word EUROSTAR with a diamond device in which the word EUROSTAR is predominant and can be clearly separated or distinguished from the diamond device. The alphanumeric characters included in the sign are all contained in the domain name in the same order as they appear in the sign, and the impression of the word is apparent without any possibility of misreading.

With respect to a question whether or not the validation agent or the Registry are also obliged, before the decision on the registration of the domain name, to examine whether or not the application has been made in good faith, the Panel concluded that the Registry is not obliged to make such an assessment; any such examination should be conducted in accordance with the specific procedure provided under Article 20 which was not invoked in this case.

The Panel dismissed the Complaint.