{
    "case_number": "CAC-UDRP-100409",
    "time_of_filling": "2012-02-23 16:30:03",
    "domain_names": [
        "vanillavisagiftcard.net"
    ],
    "case_administrator": "Tereza Bartošková (Case admin)",
    "complainant": [
        "E2Interactive, Inc."
    ],
    "complainant_representative": "The Pawlak Law Firm",
    "respondent": [
        "Private Registration"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThis Complaint is based on the following grounds:\r\nA.\tThe domain name is identical or confusingly similar to trademarks and service marks in which the Complainant has rights;\r\n\r\n•\tThe Complainant has ownership in the following U.S. trademark registrations:\r\n•\tVANILLA, for “Magntically encoded prepaid debit and stored value cards”, Reg. No. 3,228,698, Registration date April 10, 2007.\r\n•\tVANILLA, for “Non-magnetically encoded pre-paid debit and stored value cards” Reg. No. 3,644,949, Registration date June 23, 2009.\r\n•\tVANILLA, for “Pre-paid debit and stored value card services, namely, activation, deactivation, processing electronic payments through prepaid debit and stored value cards using a computer-based network”, Reg. No. 3,336,174, Registration date November 13, 2007.\r\n•\tVANILLA (& Design), for “Magntically encoded prepaid debit and stored value cards”, Reg. No. 3,349,536, Registration date December 4, 2007.\r\n•\tVANILLA (& Design), for “Non-magnetically encoded pre-paid debit and stored value cards” Reg. No. 3,750,726, Registration date February 16, 2010.\r\n•\tVANILLA (& Design), for “Pre-paid debit and stored value card services, namely, activation, deactivation, processing electronic payments through prepaid debit and stored value cards using a computer-based network”, Reg. No. 3,336,190, Registration date November 13, 2007.\r\n•\tCopies of certificates for the above registrations are provided as Annex 1-6\r\n\r\n•\tThe domain name in dispute, www.vanillavisagiftcard.net, uses VANILLA in attempting to sell pre-paid debit and stored value cards.\r\n\r\n•\tTherefore the domain name is identical to the trademarks and service marks and is used for the identical services for such trademarks in which the Complainant has rights.\r\n\r\nB.\tThe Respondent has no rights or legitimate interests in respect of the domain name;\r\n\r\n•\tThe Respondent has no rights or legitimate interests in respect of the domain name that is the subject of the Complaint.  \r\n-\tthere is no evidence of the Respondent’s use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services;\r\n\r\n-\tthe Respondent (as an individual, business, or other organization) has not been commonly known by the domain name;\r\n\r\n-\tthe Respondent is not making a legitimate non-commercial or fair use of the domain name, without intent for commercial gain misleadingly to divert consumers or to tarnish the trademark or service mark at issue.\r\n\r\nC.\tThe domain name was registered and is being used in bad faith. \r\n\r\n•\tThe domain name was registered and used in bad faith by the Respondent.  The Respondent intentionally attempts to attract Internet users to the Respondent’s web site or other on-line location, for commercial gain, by creating a likelihood of confusion with the Complainant’s mark as to the source, sponsorship, affiliation, or endorsement of the Respondent’s web site or location or of a product or service on the Respondent’s web site or location.\r\n\r\nTHE COMPLAINANT REQUESTS THE LANGUAGE OF THE PROCEEDINGS BE ENGLISH\r\n\r\nThe Complainant requests that the language of the proceedings be English. The registrar's website is provided in English, a copy of which is provided as Annex 9. The Registration Agreement is provided in English, a copy of which is provided here as Annex 10. The Registrar, as stated on its website, provides services in Chinese, German, and English. The Registrar, as stated on its website, provides customer service in Chinese, German, Dutch, and English. English is the language of the complaint. Most importantly, the domain name is composed of English words, and English is the language  used on the relevant domain name's website.  No other languages are associated with either the domain name or the relevant website.  Therefore it is virtually certain that the Respondent speaks English, and as such these proceedings should be in English.",
    "other_legal_proceedings": "The panel is not aware of any other pending or decided legal proceedings which relate to the disputed domain name",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nPARTIES' CONTENTIONS:\r\n\r\nCOMPLAINANT:\r\n\r\nSee above\r\n\r\nRESPONDENT:\r\n\r\nNo response has been filed",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is confusingly similar to the previous trademarks 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": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2012-03-30 00:00:00",
    "informal_english_translation": "Complainant is the owner of the following US trademark registrations:\r\n- VANILLA no. 3228698 for goods in class 9 registered on April 10, 2007 \r\n- VANILLA no. 3644949 for goods in class 16 registered on June 23, 2009\r\n- VANILLA no. 3336174 for services in class 36 registered on November 13, 2007\r\n- VANILLA & design no. 3349536 for goods in class 9 registered on December 4, 2007\r\n- VANILLA & design no. 3750726 for goods in class 16 registered on February 16, 2010\r\n- VANILLA & design no. 3336190 for services in class 36 registered on November 13, 2007 ",
    "decision_domains": {
        "VANILLAVISAGIFTCARD.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}