v.
The European Unique Resources Organisation 2000 B.V.
[Indexed as: ILS v. European Unique Resources Organization 2000
B.V]
[Indexed as: EURO2000.com]
WIPO Arbitration and Mediation Center
Administrative Panel Decision
Case No. D2000-0230
Commenced: 3 April 2000
Judgment: 5 July 2000
Presiding Panelist: Massimo Introvigne
Panelists: Frederick Mostert Paul DeCicco
Domain name Domain name dispute resolution policy Res judicata Trademarks Trademarks not registrable in one or more jurisdictions Decision emanating from a judicial authority does not terminate a proceeding under Paragraph 18(a) Panel retains large scope of discretion under Paragraph 18(a) and each decision from a judicial authority should be considered on a case by case basis.
UEFA asked the Paris Court to order that the Respondent cease the use of the domain name euro2000.com, the latter being an infringement of both the "famous brand name" EURO 2000. UEFA demands were dismissed, the court having concluded that UEFA is not the owner of a "famous brand name" EURO 2000 in France and that international trademark registration is not infringed by Respondent's current use of the domain name euro2000.com.
Held, Name Not Transferred to Complainant.
The filing of a previous complaint in 1998 does not prevent the Complainants
from filing this complaint because (a) one of the Complainants was not
a party to the previous Complaint, (b) nothing under Art. 9 of the ICANN
policy about complaints filed under a precious Policy prevents the filing
of new complaint under the 1999 Policy, and (c) the subject matter of the
previous complaint is not one and the same as the present complaint and
some circumstances have significantly changed in more than one respect.
The Policy has adopted a very broad concept of "trademark or service
mark." The Policys requirements appear to be minimal, and limited to the
fact that a certain combination of letters and/or numbers is recognizable
as a trademark or service mark by a significant number of Internet users
or consumers in general. Secondary meaning is also not specifically
requested. Under the (minimal) requirements of the Policy, EURO 2000
is potentially capable of functioning as a trademark or service mark.
It is concluded that, for the purposes of the Policy, although possibly
not registrable as such in some jurisdictions (but registrable, and in
fact registered, in others) EURO 2000 is a trademark and a service mark,
and that UEFA as organizer of the event commonly known as Euro 2000 has
rights on it.
A decision rendered from a judicial authority does not de facto
terminate the proceedings. The Panel is given a large scope of discretion
under Paragraph 18(a)(ii) to proceed where there has been a decision rendered
by a judicial authority on the same issue that is before the Panel.
However, the result of the Paris Courts decision is to confer a right
upon the respondent to use the domain name in at least one country.
This, of course, does not mean that Complainants may not eventually
prevail in cases brought before other jurisdictions. It simply leads
to the conclusion that carrying on an analysis of the French case leading
eventually to conclusions other than those reached by the Paris Court,
or canceling the rights on the domain name just confirmed or created
by the French judges goes beyond the scope and the possibilities of the
present administrative proceedings. The Panel is compelled to consider
the existence of this decision and its force in law which was established
by a court of law in a party proceeding brought be a Complainant, which
determines a right for the Respondent.
It is a dangerous principle to allow one to retroactively establish
rights in a trademark by filing a fresh trademark application in a jurisdiction
other than those where the Complainants trademark is registered.
It will always be possible to find at least one register where the opponents
mark is not registered. Paragraph 4(c)(i) of the Policy regards chronology
as relevant. However, the Paris decision created, in the Panels opinion,
a "right" under Paragraph 4(a)(ii), at least temporarily, for Respondent
to use the domain name.
The main, if not the only, purpose of that Web site (a purpose which
is not incompatible with providing links to very different Web sites operated
by others) is to represent itself as connected with the Euro 2000 event.
If the primary purpose of Respondent was to provide, in good faith, alternative
and unofficial information about the Euro 2000 event, it may have created
a Web site under a large variety of domain names, perhaps clearly emphasizing
its unofficial and "alternative" nature.
Policies referred to
Uniform Domain Name Dispute Resolution Policy, adopted August 26, 1999
Cases referred to
---
Panel Decisions referred to
Cedar Trade Associates v. Gregg Ricks, Case No. FA0002000093633, (National
Arbitration Forum, February 25, 2000)
Shri Ram Chandra Mission (California) v. Shri Ram Chandra Mission (India),
Case No. FA003000094237, (National Arbitration Forum, April 4, 2000)
ISL Marketing AG and Fédération Internationale de Football
Association v. J.Y. Chung and others, Case No. D2000-0034, (WIPO April
3, 2000)
Lion Nathan Limited v. Wallace Waugh, Case No. D2000-0030 (WIPO)
Introvigne, Panelist: -
1. The Parties
The First Complainant is ISL Marketing AG ("ISL"). The Second Complainant
is the Union des Associations Européennes de Football ("UEFA").
ISL and UEFA collectively are referred to herein as the "Complainants".
Respondent is European Unique Resources Organisation 2000 B.V., hereinafter
referred to as "Respondent".
2. The Domain Name and Registrar
The domain name the subject of this Complaint is euro2000.com.
The Registrar is Network Solutions, Inc.
The Remedy sought by Complainants is transfer of the domain name euro2000.com
to UEFA.
3. Procedural History
On March 30, 2000, (by e-mail) and April 3, 2000, (in hard copy) the
Complainants submitted to the WIPO Center a Complaint under the Uniform
Policy and the Uniform Rules. Panelists agree that payment was properly
made, that the Center rightly assessed the Complaint's compliance with
the formal requirements; that the Complaint was properly notified in accordance
with paragraph 2(a) of the Rules. Having obtained an extension of the term,
Respondent submitted a Response on May 11, 2000, (by e-mail) and on May
12, 2000, (in hard copy). Respondent elected to have this case decided
by a three-member panel. The Panel agrees that it was properly constituted
and, that all Panelists submitted a Statement of Acceptance and Declaration
of Impartiality. The Panel further acknowledges that on May 18, 2000, Complainants
submitted a "Correction of Misstatements of Facts, Submission of Recent
Case Decision and Designation of Panelists", and at the same date Respondent
submitted a "Respondent's Objections to Correction of Misstatement of Facts
submitted by the Complainant".
The Panel also acknowledges that other proceedings were brought by
UEFA against Respondent before the Justice Court of Paris, France. On June
13, 2000, the latter court rejected UEFA's claims. Having been informed
of this decision, the Panel issued on June 16, 2000, an order asking the
parties to submit copies of the French decision, together with an English
translation and their comments. Complainant submitted these documents and
comments on June 23 and Respondent on June 26.
While it may have been more significant to have rendered the Panel's
decision prior to the Euro 2000 soccer event, the controversy between the
parties went on for some four years before the complaint was filed. Complainant
may have filed its complaint immediately upon the coming into force of
the Policy, but did not. Complainant also elected to file a parallel court
case before the Court of Paris, thus creating the possibility of an interference
between the two procedures. Finally, both parties did not comply immediately
with the Panel's order to file documents and comments about the Paris judgement,
and another week was lost.
4. Factual Background
UEFA is one of the six continental confederations recognized by the
Fédération Internationale de Football Association (FIFA),
the world governing body of football (called "soccer" in the U.S. and in
this opinion). UEFA organizes several soccer competitions, including -
every four years - a European championship for national teams. Such championship
to be held in the year 2000 is commonly called Euro 2000. UEFA owns trademarks
and service marks for EURO 2000 in Benelux, and one international registration
(two of the former were registered in the name of the national soccer associations,
of the Netherlands and Belgium, where the Euro 2000 event will be held,
and further assigned to UEFA in 1998). ISL acts as a marketing agent for
UEFA, charged in particular with the commercial exploitation and protection
of the EURO 2000 marks and properties. UEFA maintains several Web sites
including one at www.euro2000.org.
Respondent is the owner of U.S. trademark registration EURO2000 in
connection with "providing information concerning historical, cultural
and entertainment events by means of a global computer information network",
applied for on April 2, 1997 (reference to a filing date of February 2,
1997, by Respondent appears to be incorrect) and registered on April 25,
2000, registration No. 2345898. It also obtained, by way of assignment,
a Benelux registration for EURO 2000 for "metal building materials, non-metal
building materials, and products made of plastic". Further attempts by
Respondent to register a service mark EURO 2000 in Benelux were unsuccessful,
as the trademark was regarded as generic. Respondent started its business
in 1996, was registered as a company with the Dutch Chamber of Commerce
on January 1, 1997, and registered its domain name euro2000.com with Network
Solutions on April 28, 1997. It claims that a previous registration with
Network Solutions for euro2000.com in the name of Euro 2000 of Alkmaar,
The Netherlands, dated April 16, 1996, was in fact controlled by Respondent's
chief executive officer, Mr. Daniel Oudejans, and by his partner Ms. Heleen
Visser (the latter being indicated as the administrative contact) and that
in fact the 1996 and 1997 registrations are one and the same.
Respondent operates a Web site at the address www.euro2000.com. When
accessed on June 1, 2000, although including a left-hand side title "Euro2000.com
European Events", it featured prominently, on a green background depicting
a soccer field, the words "European Championship Football 2000" and the
flags of the 16 teams participating in the final phase of the Euro 2000
event. The site also provides links to other European cultural and business
events.
Although the precise circumstances of these contacts are disputed between
the parties, at various stages Respondent offered to sell the domain name
to Complainants for sums ranging from 2.000.000 Euro to US $ 4.000.000
and at one stage for a sum to be determined by an independent expert.
Part of the dispute is also that both Complainants and Respondent,
at various stages, have been in touch with actual or potential sponsors
of their Web sites, and some of them are also sponsors of the Euro 2000
event and other UEFA football events.
By an action dated March 12, 2000, UEFA asked the Paris Court to order
that the Respondent cease the use of the domain name euro2000.com, the
latter being an infringement of both the "famous brand name" EURO 2000
and of international trademark registration 703249 EURO2000 and device
owned by UEFA. On June 13, 2000, UEFA demands were dismissed, the court
having concluded that UEFA is not the owner of a "famous brand name" EURO
2000 in France and that international trademark registration 703249 is
not infringed by Respondent's current use of the domain name euro2000.com.
5. Parties' Contentions
A. Complainants
a) Complainants claim that EURO 2000 (as it was previously the case
for EURO 1996 and the names of previous European Championships) is a trademark
identifying the European soccer championship to be held in the year 2000,
and is recognized as such by a majority of consumers.
b) Complainants claim the validity of their trademark registrations,
and suggest that they have "incalculable value." According to a late statement
by Complainants, this validity has been recognized even in Benelux in a
very recent court case. Respondent objects to Complainants' late submission
of references to this case.
c) They claim that the main purpose of Respondent was to divert both
Internet users interested in finding the official Web site for the event
Euro 2000, and sponsors, to their own Web site. A secondary (and, perhaps
later, primary) aim of the Respondent, according to the Complainants, was
to sell the domain name to Complainants for a highly significant sum.
d) As a consequence of these activities, evidencing bad faith by Respondent,
not only a likelihood of confusion has been created, but Complainants have
been injured and continue being injured.
e) The Paris decision involved different issues and is irrelevant for
the present case.
B. Respondent
a) Respondent preliminarily claims that since UEFA already filed a
Complaint against Respondent on September 29, 1998 with Network Solutions,
before the current Policy was adopted, the current Policy and the Rules
cannot be applied against Respondent.
b) Respondent, on the substance of the matter, claims that, as evidenced
by its own experience with the Benelux Trademark Office and the Dutch High
Court, the trademark or service mark EURO 2000 lacks distinctiveness and
is not a valid mark.
c) It claims that EURO 2000 does not clearly, or only, identify the
Euro 2000 soccer event firstly because "a lot of people do not care for
soccer at all" and, secondly, because the past UEFA European championships
were identified by the marks EURO 84, EURO 88, EURO 92 and EURO 96, and
an event called "EURO 00" in 2000 [rather than EURO 2000]" would have been
more likely".
d) The domain name of Respondent identifies a genuine business activity,
which - Respondent claims - is not limited to the Euro 2000 event, or to
soccer, but includes a number of other links and information.
e) Only when asked by Complainants, Respondent offered to sell the
domain name to them, and this is not evidence of bad faith.
f) The fact that Complainant UEFA owns Benelux trademark registrations
is not an argument against lack of distinctiveness, since they were obtained
by third parties before the new Benelux law preventing registration of
generic terms as trademarks came into force.
g) As a consequence, it is claimed that Respondent registered its domain
name at a time when Complainants did not have any rights whatsoever in
the name EURO 2000.
h) Last (but not least) any contradiction between the decision of the
Panel and the Paris judgement of June 13, 2000, would constitute a violation
of the Policy under Paragraph 18(a )of the Rules.
6. Discussion and Findings
A. Preliminary Objection
The preliminary objection that Complainants are prevented from filing
this Complaint because UEFA filed a previous Complaint with Network Solutions
on September 29, 1998, is rejected. Firstly, one of the Complainants, ISL,
was not a party to this previous dispute. Secondly, and most importantly,
there is nothing in Art. 9 of the ICANN Policy about complaints filed under
a previous Policy preventing the filing of new complaints under the 1999
Policy and subsequent versions thereof. The wording "the version of the
Policy in effect at the time it was invoked will apply to you until the
dispute is over" has no obvious retro-active effect, and refers to the
Policy adopted on August 26, 1999, in its relations to future versions
of the Policy. Thirdly, the case which was the subject matter of the Dispute
with Network Solutions in 1998 is not one and the same with the present
case, since circumstances have significantly changed in more than one respect.
B. Effects of res judicata
Respondent claims that under Paragraph 18 (a) of the Rules the Panel's
proceedings "are de facto terminated" when a decision emanating from a
judicial authority on the same matter has been rendered is not, in this
rather draconian form, acceptable. In fact, Paragraph 18 (a) leaves a large
scope to the Panel's "discretion", and not all judicial proceedings or
decisions are equal. The scope and effects of each decision should be considered
on a case by case basis.
In this case, however, it was UEFA, one of the Complainants, that elected
to file a court case in Paris concerning precisely the same domain name
which is the subject matter of this dispute, and vigorously argued that
the French court did indeed have jurisdiction in a domain name (.com) controversy.
As a result, the situation is now that Respondent has a "right" to use
the domain name at least in one country, i.e. France (not a minor or peripheral
country for this controversy: France is the current world champion of soccer
and one of the most prominent national teams in the Euro 2000 soccer event).
This circumstance creates a situation where Respondent has a "right" to
the domain name, and this is sufficient under Paragraph 4 (a) (ii) of the
Policy to prevent the Panel from finding in favor of Complainants.
This, of course, does not mean that Complainants may not eventually
prevail in cases brought before other jurisdictions. It simply leads to
the conclusion that carrying on an analysis of the French case leading
eventually to conclusions other than those reached by the Paris court,
or canceling the "rights" on the domain name just confirmed or created
by the French judges goes beyond the scope and the possibilities of the
present administrative proceedings. The Panel does not necessarily agree
with the content of the French decision, nor is it the Panels place to
act as a "court of appeals" or commentator with regard to adjudicated matters.
It is, however, compelled to consider the existence of this decision and
its force in law which was established by a court of law in a party proceeding
brought by a Complainant, which determines a "right" for the Respondent.
For this reason the Panel finds that the Complainants fails to satisfy
the UDRPs criteria for transferring a domain name away from a registrant,
in that Complainants cannot now prove, as required, that the Respondent
has "no rights or legitimate interests in respect of the domain name".
This Panel believes that, in a complicated case such as this one, Panels
have a duty to state for the record, if briefly, their conclusions on the
different features of the case, even if all conditions of Paragraph 4(a)
are needed in order to find for the Complainants.
C. Validity of the Trademarks
Stating for the record the conclusions reached by the Panel on the
validity of the Complainants trademarks, it should be emphasized that
the Policy has adopted a very broad concept of "trademark or service mark."
It simply mentions "a trademark or service mark in which the Complainant
has rights". These "rights" may not be sufficient to obtain a trademark
or service mark registration everywhere in the world. This is not required
by the Policy, which also considers common law trademarks and other trademarks
not yet registered or not registrable in one or more jurisdictions.
In a National Arbitration Forum case (FA0002000093633, Cedar Trade
Associates v. Gregg Ricks, February 25, 2000) it was decided that, under
the Policy, common law trademark rights on BuyPc.com and BuyPc for the
services of selling computers are "rights on a trademark or service mark"
under the Policy. In this case, there was no trademark registration, and
presumably such may not have been obtained (absent substantial evidence
of secondary meaning, not mentioned in the case) in the United States (the
country of the Complainant), nor in a number of other countries in the
world. In another National Arbitration Forum decision (FA003000094237,
Shri Ram Chandra Mission (California) v. Shri Ram Chandra Mission (India),
April 4, 2000), the request was denied but it was not contested that trademark
or service mark rights under the Policy may be obtained on "Sahaj Marg",
an Indian religious expression meaning "natural path" in fact used by several
different religious groups, irrespective of any registration. A case somewhat
similar to this one concerned the rights of FIFA (UEFAs parent body) and
of one of the present Complainants, ISL, on trademarks and service marks
connected with the World Cup of soccer to be held in 2002. In that case
(ISL Marketing AG and Fédération Internationale de Football
Association v. J.Y. Chung and others, WIPO case D2000-0034, April 3, 2000),
rights of the Complainants were regarded as valid. It is true that they
do own a number of trademark and service mark registrations for WORLD CUP
and WORLD CUP 2002, but these do not cover the whole world, and presumably
again the registration of such trademarks would prove impossible in
several jurisdictions. It may also well be that in some jurisdictions trademarks
and service marks related to sport events are not registrable at all, but
again registrability in a given country, or even in several of the
countries in the world having a trademark and service mark system, does
not appear to be requested by the Policy. The Policys requirements appear
to be minimal, and limited to the fact that a certain combination of letters
and/or numbers is recognizable as a trademark or service mark by a significant
number of Internet users or consumers in general. Secondary meaning is
also not specifically requested.
Accordingly, whether or not EURO 2000 may be registered as a trademark
in Benelux, now or before the Benelux law was amended, a circumstance vehemently
disputed between the parties, is not crucial for this decision. It is also
noted that, while denying that EURO 2000 is capable of being registered
as a trademark, Respondent does own a registration for EURO2000 in connection
with computer information network services that it obtained from the U.S.
Patent and Trademark Office (USPTO). This registration is in the Principal,
not the Supplemental Register of the USPTO. When it applied for EURO2000
as a service mark, Respondent did regard it as distinctive and executed
an application for the benefit of the USPTO claiming distinctiveness. That
simply shows that the law may be different between the United States and
Benelux (and would be still more different in Korea, Japan, France, or
Brazil), while the Policy has not tied itself to any specific trademark
law among the many existing throughout the world.
Under the (minimal) requirements of the Policy, EURO 2000 is potentially
capable of functioning as a trademark or service mark.
But does this potentiality translate into an actual trademark or service
mark?
Respondent claims that EURO 2000 is recognized as a sign identifying
the European soccer championship organized by UEFA in the year 2000 only
by a "much smaller public" than the general one, since "a lot of people
do not care for soccer at all". These objections were already discussed
in a previous case, already mentioned, dealing with the WORLD CUP 2000
marks and domain names. Quite correctly, it was concluded that, although
there are "World Cups" for a number of different sports, soccer enjoys
a unique popularity; its world events are followed by billions of people.
Particularly (but not exclusively) in Europe, events such as the World
or the European soccer championships are so prominent in the media that
even "people not caring for soccer at all" will eventually become aware
of them, unless they carefully avoid during the relevant period both printed
and electronic media in their entirety. Respondent quotes a poll according
to which "a large majority of the European public did not know in which
countries EURO 2000 (
) was going to be organized." This may well be true,
but does not prove they will not recognize Euro 2000 as a soccer tournament.
Most people know that, somewhere in the world, Olympics will be organized
in 2000 and again in 2004, but they do not know (or have forgotten when
asked) where exactly they will take place. Respondent itself admits that
there are many Web sites mentioning Euro 2000, and that indeed many of
them use the words "Euro 2000" with reference to the European Football
Championship. This again seems to confirm that for a significant number
of Internet users and consumers in general, EURO 2000 means the European
Football Championship, and not other European events or the coming of the
euro as a currency.
Respondents further objection that users and consumers would recognize
a mark EURO 00, rather than EURO 2000, does not make sense. Media have
always called the event Euro 2000. More generally, while the year 1996
is referred to, easily, as "ninety six", the year 2000 is normally not
referred as "zero-zero" but rather, in fact, as "two thousand."
Finally, even assuming that a significant percentage of the population
could not care less about soccer, it is precisely those who do care about
soccer and the European Championship that are the consumers and Internet
users targeted by any use of EURO 2000 as a trademark, service mark, or
domain name.
The fact that EURO 2000, as owned by UEFA, does not qualify as a "famous
brand name" under French law, even if true, would not in itself be crucial.
French law should not be regarded as the only law to be taken into account.
It is concluded that, for the purposes of the Policy, although possibly
not registrable as such in some jurisdictions (but registrable, and in
fact registered, in others) EURO 2000 is a trademark and a service mark,
and that UEFA as organizer of the event commonly known as Euro 2000 has
rights on it.
D. Respondents Registration of the Domain Name
"Euro 2000" is immediately linked by a significant percentage of the
consumers in Europe (and certainly by the Internet users looking for soccer-related
Web sites) to the Euro 2000 soccer event, and has been perceived in such
a way since the event was announced. The Euro 2000 soccer event was planned
on or before January 1994 (not to mention that it was not a difficult guess
that it would have been planned and announced, given that UEFA European
soccer championships are organized every four years and are identified
by the name "Euro" followed by the year). In fact, on January 28, 1994,
Benelux trademark application 544492 for EURO 2000 was filed by a national
soccer association which is part of the European network of national associations
ultimately authorized and controlled by UEFA (it was later assigned to
UEFA). This shows that as of January 28, 1994, the European soccer championship
for the year 2000 was being actively planned and was called "Euro 2000"
(rather than "Euro 00"). January 28, 1994, is before Respondents domain
name was registered. Already before Euro 96 the Euro 2000 event was very
much part of the news in Europe (and certainly in The Netherlands, where
Respondent has its main place of business), as several countries where
competing for organizing it (including The Netherlands) and eventually
it became the first major soccer international tournament to be jointly
organized in two countries, Belgium and The Netherlands. Respondent could
not have ignored when it registered the domain name that Euro 2000 was
the name of the European soccer championship then in the process of being
planned by UEFA in a location later to be determined to be Belgium and
The Netherlands jointly, and may have easily determined that the events
name was protected by trademark registrations. Accordingly, we believe
that an arguable case may be made that the registration of euro2000.com
as a domain name intended to capitalize on that event and on UEFAs corresponding
trademark rights from the very beginning.
E. Rights or Legitimate Interests in Respect of the Domain Name
Respondents possible rights or legitimate interests in respect of
the domain name under Paragraph 4 (a)(ii) of the Policy were the subject
of considerable study by the Panel. While Respondent has certainly shown
that it has an interest in the domain name, not all interests are "legitimate".
It was suggested that Respondents legitimate interest, or "rights", in
the domain name arise from Respondents ownership of a corresponding U.S.
trademark registration. Complainants object that Respondent filed its U.S.
trademark application on April 2, 1997 (its claim in the response that
it filed it on February 2, 1997 is a mistake, as evidenced by Exhibit 2B
filed by Respondent itself), i.e. after it received Complainants cease
and desist letter dated February 18, 1997. The same chronology applies
to the trade name rights of Respondent and to its purchase of a Benelux
trademark for building materials. While the interpretation of the word
"rights" in Paragraph 4 (a) (iii) is not obvious (and perhaps some future
guidance by ICANN would be in order), the Panels feeling is that the general
principle that the owner of a domain name identical to a previous trademark
or service mark may, when challenged by the trademark owner, establish
(retroactively) legitimate use simply by filing a fresh trademark application
in a jurisdiction other than those where the Complainants trademark is
registered, is a dangerous principle. The owner of every contested domain
name will always easily find at least one register where its opponents
trademark or service mark is not registered. Paragraph 4(c)(i) of the Policy
regards chronology as relevant. In WIPO Case No. D2000-0030, Lion Nathan
Limited v. Wallace Waugh, the fact that Respondent had filed a U.S. trademark
application and obtained a notice of allowance did not "carry weight" since
Respondent did not register the trademark "before [Complainant] complained
of [Respondents] activities". On the other hand, Respondents U.S. trademark
in our case went all the way to registration and there is no evidence that
Complainants opposed it (a move they may have made).
This difficult issue, on the other hand, became moot because of the
Paris decision, which, as mentioned earlier, created in the Panels opinion
a "right" under Paragraph 4(a)(ii), at least temporary, for Respondent
to use the domain name.
F. Respondents Use of the Domain Name
A study of the Web site operated by Respondent at the address www.euro2000.com
shows that this Web site is indeed primarily related to the Euro 2000 soccer
event. It is surely true that there are links to a number of other European
events Web sites. These Web sites are external to Respondents own Web
site (or, at least, most of them are). The main thrust of Respondents
Web site is to deal with the Euro 2000 European Football Championship.
Accordingly, the claim by Respondent that its Web site is a "portal" dealing
with a number of events in the business and finance, technology, science,
health, art, culture, entertainment, communications and sport fields is
not convincing, (the Paris decision notwithstanding). The main, if not
the only, purpose of that Web site (a purpose which is not incompatible
with providing links to very different Web sites operated by others) is
to represent itself as connected with the Euro 2000 event.
Of course, UEFA has not a monopoly of information about the European
Football Championship. Information on the Euro 2000 event is found in hundreds
of different Web sites and is carried by all international media. However,
if the primary purpose of Respondent was to provide, in good faith, alternative
and unofficial information about the Euro 2000 event, it may have created
a Web site under a large variety of domain names, perhaps clearly emphasizing
its unofficial and "alternative" nature. The situation, here, is similar
to the one decided by a WIPO Panel in Case No. D2000-0034 about the World
Cup 2002. While it is perfectly legitimate "to provide alternative news
and information about, or even commentary and criticism on a matter of
public interest", it is another thing altogether to do it under a domain
name strongly suggesting that this information is provided by an entity
associated with the organizers of the event (and owner of the corresponding
trademarks and service marks).
The situation, in this case, is even worse than in Case D2000-0034,
where Respondent used the Web site in a "non-commercial" way, while here
some services are offered for a fee, and sponsors have been contacted in
direct competition with Complainants.
Documents are not easy to interpret on who contacted whom first about
selling the domain name. Certainly the figures involved are quite high,
and lesser figures have been regarded as evidence of bad faith in previous
cases.
For the record, thus, it seems that issues connected with Paragraph
4(b)(iv) of the Policy may have been solved in favor of the Complainants,
had not the Paris decision created a "right" of the Respondent on the domain
name preventing the Panel from finding for the Complainants.
7. Decision
Pursuant to paragraph 4(i) of the Policy and Rule 15 of the Uniform
Rules, this Panel denies the complaint and concludes that the domain name
euro2000.com should remain registered in the name of Respondent.
Domain Name Not Transferred