{
    "case_number": "CAC-UDRP-100600",
    "time_of_filling": "2013-05-02 18:08:57",
    "domain_names": [
        "comparethemarketcarinsuranceuk.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "BGL Group Limited"
    ],
    "complainant_representative": null,
    "respondent": [
        "Freddie  Clark"
    ],
    "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, a firm of solicitors regulated in the United Kingdom by the Solicitors’ Regulation Authority, on behalf of BGL Group Limited. The Czech Arbitration Court is requested to submit this Complaint for decision in accordance with the Uniform Domain Name Dispute Resolution Policy, the Rules for Uniform Domain Name Dispute Resolution Policy, and CAC’s UDRP Supplemental rules of the Czech Arbitration Court.\r\n\r\n2\tThe Complainant, BGL Group Limited (BGL) 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. Since 1997, BGL has operated 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 car insurance).\r\n\r\n5\tThe domain comparethemarket.com and the domain comparethemarket.co.uk were both registered on 21 September 2004. They are 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 the domains comparethemarket.com and comparethemarket.co.uk (BGL's Domains). \r\n\r\n6\tIn January 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\n8\tThe CtM brand is very well-known in the UK, particularly by reference to the Aleksandr the Meerkat character. \r\n\r\nFor example:\r\n\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: \r\nhttp:\/\/www.vccp.com\/work\/comparethemarketcom\/comparethemarketcom \r\n9\tBGL owns the following trademarks (together, the Trademarks), all registered in classes 35 and 36 (which covers motor insurance):\r\n9.1.1\tUK Trademark 2456693A\r\n \r\n9.1.2\tUK Trademark 2456693B\r\n \r\n9.1.3\tUK Trademark 2456693C\r\n \r\n9.1.4\tUK Trademark 2456693D\r\n \r\n9.1.5\tUK Trademark 2522721 for \"comparethemarket\";\r\n\r\n9.1.6\tUK Trademark 2486675 for \"comparethemarket.com\".\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\nWhy is the domain name an Abusive Registration?\r\n\r\n11\tThe Respondent is the registrant of the domain comparethemarketcarinsuranceuk.com (the Domain). The Domain was registered on 24 December 2012, more than 8 years after BGL registered comparethemarket.com. The Respondent lives in the UK and at the time the Domain was registered, CtM had already established itself as a very well-known brand in the UK, particularly in relation to car insurance comparison services.\r\n\r\n12\tBGL considers this to be a case of 'cybersquatting', which seeks (and at the time of registration, sought) to take unfair advantage of BGL's CtM brand.\r\n\r\n13\tThe Respondent has taken BGL's trademark \"comparethemarket\" and simply added the descriptive term \"carinsurance\" and the geographical location of the target market i.e. \"uk\". Adding \"uk\" shows that the Respondent intends the UK market to access this site and directly compete with BGL. This would confuse the average user into thinking that the Domain is in someway related to BGL.  \r\n\r\n14\tApart from the addition of \"carinsuranceuk\", the Domain is identical to BGL’s domain name comparethemarket.com and UK Trademark 2486675. The Domain uses BGL's UK Trademark 2522721 \"comparethemarket\" and is also very similar to the other Trademarks above. As such, the Domain is confusingly similar to BGL’s domain name and trademark.\r\n\r\n15\tIf a user clicks on any link on the website at the Domain, the user is taken to QuoteZone.co.uk. Quote Zone is a direct competitor of BGL as it provides the same type of comparison services. \r\n\r\n16\tAs the site at the Domain provides links to BGL's competitors, there is a real risk that BGL will lose business as a result.  \r\n\r\n17\tThe principal purpose of the Respondent's website is to take unfair advantage of BGL's well known brand and redirect users to a competitor which results in BGL missing the opportunity to interact with users looking for its site.\r\n\r\n18\tA screenshot of the Website at the Domain is provided. The sole purpose of the Domain registration was (and is) to take advantage of users looking for BGL's car insurance comparison service, but not realising that all of BGL's services are provided via the same site i.e. comparethemarket.com \/ comparethemarket.co.uk (rather than, for example, comparethemarketcarinsurance.com or comparethemarkethouseinsurance.com). \r\n\r\n19\tThe Domain was registered in bad faith because the Respondent seeks only to take unfair advantage of BGL’s CtM brand. The sole motivation is to benefit from errors made by users seeking BGL’s car insurance comparison service.\r\n\r\nThese web pages support this dispute.\r\n\r\n - comparethemarket.com\r\n - comparethemarket.co.uk\r\n - comparethemarketcarinsuranceuk.com\r\n",
    "other_legal_proceedings": "The Panel is not aware of any pending or decided proceedings related to the Disputed Domain Name.",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\n",
    "rights": "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).",
    "no_rights_or_legitimate_interests": "The Complainant has not 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 not 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. However it notes that there are no default decisions under the UDRP and even where no response is filed, in order to succeed, the Complainant must establish all three elements required in §4a of the UDRP, namely: \r\n\r\n(i) the Disputed Domain Name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and\r\n\r\n(ii) The Respondent has no rights or legitimate interests in respect of the Disputed Domain Name; and\r\n\r\n(iii) the Disputed Domain Name has been registered and is being used in bad faith.   \r\n\r\n",
    "decision": "Rejected",
    "panelists": [
        "Victoria McEvedy"
    ],
    "date_of_panel_decision": "2013-06-25 00:00:00",
    "informal_english_translation": "1.\tThe Complainant claims the following Rights.   \r\n\r\n1.1.\tRights as the owner of registered trademarks:  \r\n\r\n1.1.1.\ta UK national Trade Mark #2456693A&B for the device or figurative mark comprised of 3 elements, a graphic element being two £ signs facing each other, one light and one dark, with the words below \"comparethemarket.com\" followed by the slogan or strap line, \"for cheaper insurance, no one else compares\" registered on 11 January 2008, in classes 35 and 36 as a series of two, one black and white and the other in green and blue.\r\n\r\n1.1.2.\ta UK national Trade Mark #2456693C&D for the device or figurative mark comprised of 2 elements, a graphic element being two £ signs facing each other, one light and one dark, with the words below \"comparethemarket.com\" registered on 11 January 2008 in classes 35 and 36 as a series of two, one black and white and the other in green and blue.\r\n\r\n1.1.3.\ta UK national Trade Mark #2486675 for the word mark  \"COMPARETHEMARKET.COM\" registered on 19 December 2008 in classes 35 and 36 in a series of four with varied capitalization.\r\n\r\n1.1.4.\tthe UK national Trade Mark #2522721 for the word mark  \"COMPARETHEMARKET,\" in capitalized case only, registered on 05 February 2010 in classes 35 and 36.\r\n   \t\r\n1.2.\tRights arising from use in the UK being goodwill and reputation. \r\n\r\n1.3.\tThe Complainant submits that its marks are a very well known brand in the UK. \r\n",
    "decision_domains": {
        "COMPARETHEMARKETCARINSURANCEUK.COM": "REJECTED"
    }
}