Case number | CAC-UDRP-100143 |
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Time of filing | 2010-03-03 17:02:37 |
Domain names | enterprisediscountcodes.com, alamodiscountcodes.com |
Case administrator
Name | Tereza Bartošková (Case admin) |
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Complainant
Organization | Enterprise Holdings, Inc. |
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Organization | Vanguard Trademark Holdings USA, LLC |
Complainant representative
Organization | Harness, Dickey & Pierce, PLC |
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Respondent
Name | Errol Santos |
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Other Legal Proceedings
The Panel is not aware of any other legal proceeding which are pending or decided and which relate to the disputed domain names.
Factual Background
The present class complaint has been filed by the company Enterprise Holdings, Inc. (hereafter referred to as “First Complainant”) and the company Vanguard Trademark Holdings USA, LLC (hereafter referred to as “Second Complainant”).
First Complainant has been engaged in the car rental business since 1963, and uses the ENTERPRISE mark in the USA in connection with its commercial activities since 1969, long prior to the registration of the domain name <enterprisediscountcodes.com>. First Complainant alleges to be one of the largest vehicle rental companies in the world. It operates more than 7.000 offices around the world. First Complainant has expanded its business to Europe in 1994 and has operations in the United Kingdom, Germany and Ireland. First Complainant also operates an online car rental site at <enterprise.com>.
First Complainant is the owner of:
- US trademark registration ENTERPRISE n° 1.343.167 issued June 18, 1985
- US trademark registration ENTERPRISE RENT-A-CAR n° 2.371.192 issued July 25, 2000
- US trademark registration WWW.ENTERPRISE.COM n° 2.424.137 issued January 23, 2001
- US trademark registration ENTERPRISE.COM n° 2.458.529 issued June 5, 2001
- UK trademark registration ENTERPRISE n° 1.541.740 dated October 4, 1996
- Community trademark registration ENTERPRISE n° 36384 registered on December 1, 1998.
All these trademarks are notably registered for vehicle rental services in international class 39.
First Complainant is also the owner of numerous ENTERPRISE trademarks for vehicle rental services in many countries around the world.
Second Complainant is the owner of ALAMO mark which it licenses to the company Alamo Rent A Car. The latter has been engaged in the car rental business since 1974 and has locations in more than 42 countries worldwide. Second Complainant’s licensee has been providing car rental services under the mark ALAMO long prior the registration of the <alamodiscountcodes.com> domain name on November 25, 2009.
Second Complainant is the owner of :
- US trademark registration ALAMO n° 1.097.722 issued on July 25, 1978
- US trademark registration ALAMO.COM n° 2.805.426 issued on January 13, 2004
- UK trademark registration ALAMO n° 1.278.578 registered on December 2, 1988
- Community trademark registration ALAMO n° 1.860.592 registered on February 16, 2002
Each of these registrations covers vehicle rental services in international class 39.
In addition to these registrations, Second Complainant claims to be the registered owner of ALAMO trademarks for vehicle rental services in many foreign countries.
The Respondent, Mr. Errol Santos, registered the domain names <enterprisediscountcodes.com> and <alamodiscountcodes.com> on November 25, 2009.
First Complainant has been engaged in the car rental business since 1963, and uses the ENTERPRISE mark in the USA in connection with its commercial activities since 1969, long prior to the registration of the domain name <enterprisediscountcodes.com>. First Complainant alleges to be one of the largest vehicle rental companies in the world. It operates more than 7.000 offices around the world. First Complainant has expanded its business to Europe in 1994 and has operations in the United Kingdom, Germany and Ireland. First Complainant also operates an online car rental site at <enterprise.com>.
First Complainant is the owner of:
- US trademark registration ENTERPRISE n° 1.343.167 issued June 18, 1985
- US trademark registration ENTERPRISE RENT-A-CAR n° 2.371.192 issued July 25, 2000
- US trademark registration WWW.ENTERPRISE.COM n° 2.424.137 issued January 23, 2001
- US trademark registration ENTERPRISE.COM n° 2.458.529 issued June 5, 2001
- UK trademark registration ENTERPRISE n° 1.541.740 dated October 4, 1996
- Community trademark registration ENTERPRISE n° 36384 registered on December 1, 1998.
All these trademarks are notably registered for vehicle rental services in international class 39.
First Complainant is also the owner of numerous ENTERPRISE trademarks for vehicle rental services in many countries around the world.
Second Complainant is the owner of ALAMO mark which it licenses to the company Alamo Rent A Car. The latter has been engaged in the car rental business since 1974 and has locations in more than 42 countries worldwide. Second Complainant’s licensee has been providing car rental services under the mark ALAMO long prior the registration of the <alamodiscountcodes.com> domain name on November 25, 2009.
Second Complainant is the owner of :
- US trademark registration ALAMO n° 1.097.722 issued on July 25, 1978
- US trademark registration ALAMO.COM n° 2.805.426 issued on January 13, 2004
- UK trademark registration ALAMO n° 1.278.578 registered on December 2, 1988
- Community trademark registration ALAMO n° 1.860.592 registered on February 16, 2002
Each of these registrations covers vehicle rental services in international class 39.
In addition to these registrations, Second Complainant claims to be the registered owner of ALAMO trademarks for vehicle rental services in many foreign countries.
The Respondent, Mr. Errol Santos, registered the domain names <enterprisediscountcodes.com> and <alamodiscountcodes.com> on November 25, 2009.
For all the reasons stated above, the Complaint is
Accepted
and the disputed domain name(s) is (are) to be
- ENTERPRISEDISCOUNTCODES.COM: Transferred
- ALAMODISCOUNTCODES.COM: Transferred
PANELLISTS
Name | Marie Emmanuelle Haas |
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Date of Panel Decision
2010-04-07
Publish the Decision