{
    "case_number": "CAC-UDRP-100527",
    "time_of_filling": "2012-11-07 18:32:10",
    "domain_names": [
        "COMPARETHEMARKETHOLIDAYS.ORG"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "BGL Group Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Ian Hart"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\n1\tThis Complaint is submitted by TLT LLP (TLT), a firm of solicitors regulated in the United Kingdom by the Solicitors’ Regulation Authority, on behalf of BGL Group Limited (BGL). The Czech Arbitration Court (CAC) is requested to submit this Complaint for decision in accordance with the Uniform Domain Name Dispute Resolution Policy (UDRP), the Rules for the UDRP, and CAC’s UDRP Supplemental rules of the Czech Arbitration Court.\r\n\r\n2\tBGL is a company incorporated in England and Wales with company number 02593690. It was incorporated on 21 March 1991. \r\n\r\n3\tBGL originally operated as an insurance underwriter through its wholly-owned subsidiaries BFSL Ltd and BISL Ltd. From 1997, BGL has operated (through those subsidiaries) as an intermediary for UK personal-lines insurance.\r\n\r\n4\tIn 2005, BGL created its “Compare the Market” (“CtM”) brand as part of its business as a personal-lines insurance intermediary. As part of the CtM brand, BGL created the website www.comparethemarket.com. This was, and is, a price-comparison website for personal-lines insurance products (including travel insurance).\r\n\r\n5\tThe domain comparethemarket.com was registered on 21 September 2004. It is registered to BISL Ltd, which is a wholly owned subsidiary of BFSL Ltd. BFSL Ltd is in turn a wholly-owned subsidiary of BGL. In effect BGL owns and controls the domain comparethemarket.com through its subsidiary companies. \r\n\r\n6\tIn early 2009, the CtM brand was re-launched. The re-launch included television adverts featuring Aleksandr the Meerkat, an anthropomorphized meerkat character. A companion website was also created at www.comparethemeerkat.com. \r\n\r\n7\tThe domain comparethemeerkat.com was registered on 3 October 2007. It is registered to BGL. \r\n\r\n8\tThe CtM brand is very well-known in the UK, particularly by reference to the Aleksandr the Meerkat character. For example:\r\n8.1\tVCCP, the advertising agency which created the Aleksandr character for BGL, has won awards for its work: see for example http:\/\/www.vccp.com\/news\/2009\/06\/vccp-win-double-at-nma-awards. \r\n8.2\tBGL won the Marketing Week Engage 2010 Brand of the Year award for their CtM brand: http:\/\/www.marketingweek.co.uk\/news\/congratulations-to-the-winners-of-the-marketing-week-engage-awards\/3013601.article \r\n8.3\tVCCP maintain a webpage on their work for BGL here: http:\/\/www.vccp.com\/work\/comparethemarketcom\/comparethemarketcom \r\n\r\n9\tBGL owns a number of trademarks (please see attached portfolio). All of which are registered in classes 35 and 36. We would like you to pay particular attention to the following trademarks:\r\n9.1.1\tUK Trademark 2456693A;\r\n9.1.2\tUK Trademark 2456693B;\r\n9.1.3\tUK Trademark 2456693C;\r\n9.1.4\tUK Trademark 2456693D;\r\n9.1.5\tUK Trademark 2522721; and\r\n9.1.6\tUK Trademark 2486675.\r\n\r\n10\tBGL also owns the goodwill in the CtM brand, and in associated marketing such as the character of Aleksandr the Meerkat. \r\n\r\n11\tTo give an indication of the popularity of the CtM brand, BGL's website at \"comparethemarket.com\" receives over 3 million visitors each month. \r\n\r\nComparethemarketholidays.org\t\r\n\r\n12\tThe Respondent is the registrant of the domain comparethemarketholidays.org (the Domain). The Domain was registered on 22 September 2011, some 7 years after BGL registered the domain \"comparethemarket.com\".  \r\n\r\n13\tApart from the addition of the innominate term \"holidays\" (and the top level domain being \".org\"), the Domain is identical to BGL’s domain name comparethemarket.com and UK Trademark 2486675 for \"comparethemarket.com”. As such, the Domain is confusingly similar to BGL’s domain name and trademark.\r\n\r\n14\tThe sole purpose of the Domain registration was (and is) to take unfair advantage of BGL's CtM brand. For example, users who are aware of BGL's CtM brand may add their required service to \"comparethemarket\" believing they will end up at a comparison site, for a particular service, which is run by BGL. Unlike the phrase \"compare holidays\", the phrase \"compare the market holidays\" does not make sense unless it is understood as a reference to BGL’s CtM brand.\r\n \r\n15\t This is further demonstrated at the head of the website at the Domain, which contains the text “COMPARE THE MARKET HOLIDAYS”, the last word of which is in a different colour to the first three words. By highlighting the innominate term \"holidays\" in a different color, this again leads users to believe that the brand is \"compare the market\", with \"holidays\" being just one particular section or sub-brand. Since BGL is known as “compare the market”, this leads users to believe that the Domain is connected with BGL's CtM brand \/ site.  \r\n\r\n16\tAt first glace it may appear as though the Registrant is hosting a legitimate holiday comparison site from the Domain. However, this is not the case. The Domain is not being used to host a legitimate site as the site is solely used to host links to other websites, including BGL's site and links to BGL's competitors' sites. For example, there is no real content on the site, it is purely designed to trick search engines but not to be useful or entertaining for users. The Registrant has no rights or legitimate interest in the Domain. The Registrant simply wants to attract as many visitors to the site as possible, on the false premise that the Domain is connected to BGL, so as to be paid per visit (or some other similar method such as pay per click). \r\n\r\n17\tThe site at the Domain not only refers, on a number of occasions, to \"Compare the Market\" it also has a specific drop down tab named \"Compare the Market\". By frequently referring to \"Compare the Market\", users will assume that this is a service provided by BGL and it is referring to BGL's CtM brand.  Giving users the impression that the website at the Domain is run by or associated with BGL is detrimental to BGL's reputation.\r\n\r\n18\tIn addition, by using \"Compare the Market\" on the website, the site has a better chance of obtaining a high ranking in a Google search. This is because BGL's CtM brand has become so popular and so well known, users regularly search for \"Compare the Market\". If the Domain is ranked highly in a Google search, users are more likely to click on the Domain and think that they have arrived at BGL's site (and the Registrant will receive money as more users have viewed \/ clicked on a link at the site). \r\n\r\n19\tThe website at the Domain uses a similar font and colour scheme to that at BGL's website, compounding the impression given to users that the Domain is connected with BGL.\r\n\r\n20                In addition, as can be seen from the attached screenshot, a link to BGL's website is prominently displayed on the webpage at the Domain, further compounding the impression that the Domain is linked to BGL.\r\n\r\n21\tThe Domain was registered in bad faith because the Registrant seeks only to take unfair advantage of BGL’s CtM brand in order to attract more users to its site and have a higher ranking in a Google search and earn money. It is obvious that the Registrant was aware of the CtM brand when registering this Domain as he has chosen to use the same name (Compare the Market) and similar colours to those used at BGL's site. In addition, it is clear that the Registrant was aware of BGL's CtM brand as there are numerous sponsored links to BGL's site from the Domain. \r\n\r\n22\tThe Registrant is not using the site at the Domain other than to earn money from users who are looking for BGL's site. The Registrant is taking advantage of errors made by users seeking a service they believe is provided by BGL. This does not constitute a legitimate interest. \r\n\r\n23\tThe Registrant has another website at the domain www.ianhartdesign.com. Within this site, the Registrant describes himself as a \"SEO expert\" (a search engine optimisation expert). The Registrant also states \"I guarantee Page 1 Google search results for my clients\". This supports the other evidence that the Registrant's sole motivation in registering the Domain was and is to unfairly take advantage of BGL’s “compare the market” brand. Being an SEO \"expert\" the Registrant will be aware that our client's CtM brand, when used, will create a high ranking in a Google search. This is the sole reason as to why the Registrant registered the Domain.  \r\n\r\n24. Links to webpages in support of this complaint:\r\n\r\n - www.comparethemarket.com\r\n - www.comparethemarket.co.uk\r\n - www.comparethemarketholidays.org\r\n - www.ianhartdesign.com\r\n\r\n",
    "other_legal_proceedings": "None",
    "no_response_filed": "No administratively compliant response has been filed.\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is identical or confusingly similar to a trade mark or service mark in which the complainant has rights (within the meaning of paragraph 4(a)(i)of the Policy).",
    "no_rights_or_legitimate_interests": "The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy).",
    "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).",
    "procedural_factors": "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.",
    "decision": "Accepted",
    "panelists": [
        "Jane Seager"
    ],
    "date_of_panel_decision": "2012-12-17 00:00:00",
    "informal_english_translation": "In particular the Complainant has trade mark rights in the term COMPARETHEMARKET (UK trade mark Number 2522721).\r\n",
    "decision_domains": {
        "COMPARETHEMARKETHOLIDAYS.ORG": "TRANSFERRED"
    }
}