PARTIES' CONTENTIONS:
The Complainant has, to the satisfaction of the Panel, shown the 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).
A) Complainant
Complainant, Vanguard Trademark Holdings USA LLC is the record owner of the following registration for the relevant mark in different areas:
12emeraldclub.net, is owned of record by WHOISGUARD, INC. c/o WHOISGUARD PROTECTED, a domain privacy service.
Complainant does not believe that it should be required to file an amended complaint once the Registrar “draws back the curtain” to reveal the real owner of the domain name at issue.
Complainant, Vanguard Trademark Holdings USA, LLC, is the owner of the EMERALD CLUB mark which it licenses to the National Car Rental operating companies
Complainant’s registrations and use of the EMERALD CLUB mark for car rental services sufficiently establishes its right in the mark pursuant to ICANN’s Uniform Dispute Resolution Policy (“Policy”) 4(a)(i).
The domain name 12emeraldclub.net is confusingly similar to Complainant’s registered EMERALD CLUB mark. The 12emeraldclub.net domain name fully incorporates Complainant’s EMERALD CLUB mark, merely adding the numeral “12” at the beginning, eliminating the space between EMERALD and CLUB, and adding the generic top level domain identifier, “.net” at the end.
The incorporation of a trademark in its entirety into a domain name is sufficient to establish that the domain name is identical or confusingly similar to a registered trademark.
Adding a numeral such as “12” to the front of the 12emeraldclub.net domain name does not distinguish it from Complainant’s EMERALD CLUB mark.
The Respondent has no rights or legitimate interests in the 12emeraldclub.net domain name. On 03 August 2014 the 12emeraldclub.net domain name resolved to a web page with a list of “Related Links” consisting of links to web sites offering car rental services, including those of Complainant’s licensee and its competitors.:
National Rent a Car
National Emerald Club
National Car Hire
Emerald Club Car Rental
Anfi Emerald Club Tauro
Car Hire Gran Canaria
Alamo Car Rental Claims
Car Rental Companys
Cheapest Car Hire London
Car Rental Car Renta
The web site to which the 12emeraldclub.net domain name resolves gives no indication that Respondent is known as, operating a business as, or advertising as “12 Emerald Club.” The WHOIS record is the sole piece of relevant evidence when determining what a respondent is commonly known.
The Complainant has not licensed or otherwise permitted the Respondent to use its EMERALD CLUB mark in connection with car rental services or any other goods or services or to apply for any domain name incorporating the EMERALD CLUB mark. In addition, the Respondent is clearly not making any legitimate noncommercial or fair use of 12emeraldclub.net. In fact, any claim in that regard is easily dismissed since the 12emeraldclub.net web page is a generic type of web page commonly used by domain name owners seeking to monetize their domain names through “click-through” fees.
The facts of record suggest and support a finding that Respondent both registered and is using the 12emeraldclub.net domain name in bad faith. Respondent’s registration of a domain name that combines Complainant’s EMERALD CLUB mark with the numeral “12” for a web site that attempts to attract Internet users to Respondent’s web page, evidences a clear intent to trade upon the goodwill associated with Complainant’s EMERALD CLUB mark for car rental services. Respondent is deliberately using a domain name that is confusingly similar to Complainant’s mark to attract, for commercial gain, Internet users to its web site, by creating a likelihood of confusion with Complainant’s mark as to the source, sponsorship, affiliation or endorsement of its web sites and the services offered at such web sites.
On these bases, it cannot be disputed that the Complainant has long standing and well-recognized rights and goodwill in its EMERALD CLUB mark in connection with car rental services. The 12emeraldclub.net domain name is confusingly similar to Complainant’s EMERALD CLUB mark. Respondent has no legitimate rights in the 12emeraldclub.net domain name. Respondent has merely registered the 12emeraldclub.net domain name to capitalize on the goodwill that Complainant has developed in its EMERALD CLUB mark to drive Internet traffic inappropriately to other web sites for commercial gain.
The Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.
B) Respondent
The Respondent did not respond to the Complainant at all even it is obliged to do so.
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