{
    "case_number": "CAC-UDRP-100787",
    "time_of_filling": "2014-04-17 12:44:59",
    "domain_names": [
        "12emeraldclub.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Vanguard Trademark Holdings USA LLC"
    ],
    "complainant_representative": "Harness, Dickey & Pierce, PLC",
    "respondent": [
        "WHOISGUARD PROTECTED c\/o Whoisguard, Inc."
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant, Vanguard Trademark Holdings USA LLC, is the owner of different registrations for \"EMERALD CLUB\" in International Class 39 “Automobile rental and reservation services\". The \"EMERALD CLUB\" mark is licensed by its owner to National Car Rental operating companies.  \r\nStarted in 1948, \"EMERALD CLUB\" is a premium, internationally recognized brand serving the daily rental needs of the frequent airport business traveller throughout the United States, Canada, Mexico, the Caribbean, Latin America (including Panama) and Asia. Emerald Club is the name of National Car Rental’s loyalty club that offers enhanced vehicle rental services to Emerald Club members.  In particular, the Emerald Club web site corresponding to the domain name <emeraldclub.com> offers online car rentals to Emerald Club members.\r\n\r\nThe domain name <12emeraldclub.com> is confusingly similar to Complainant’s registered \"EMERALD CLUB\" mark since it fully incorporates Complainant’s \"EMERALD CLUB\" mark, merely (i) adding the numeral “12” at the beginning, (ii) eliminating the space between EMERALD and CLUB, and (iii) adding the generic top level domain identifier, “.com” 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.com> domain name does not distinguish it from Complainant’s \"EMERALD CLUB\" mark. Likewise, the removal of the space between EMERALD and CLUB in the <12emeraldclub.com> domain name does not distinguish it from Complainant’s \"EMERALD CLUB\" mark. The addition of a generic top level domain identifier is also insufficient to distinguish the <12emeraldclub.com> domain name from Complainant’s \"EMERALD CLUB\" mark. \r\n\r\nComplainant’s U.S. registration for its \"EMERALD CLUB\" mark for car rental services was granted on March, 1988. This registration is twenty five years older with respect to the registration of the <12emeraldclub.com> domain name since the contested domain name was registered on July 2013.  On 8 April 2014 the <12emeraldclub.com> 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. In light of the long-standing use and registration of the \"EMERALD CLUB\" mark by Complainant, the Respondent cannot have any legitimate rights in the <12emeraldclub.com> domain name in connection with a site that serves merely to drive Internet traffic to web sites offering car rental services, including those of Complainant’s licensee and its competitors. \r\n\r\nThe 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, Respondent is clearly not making any legitimate noncommercial or fair use of <12emeraldclub.com>. The web page corresponding to <12emeraldclub.com> is a generic web page commonly used by domain name owners seeking to monetize their domain names through “click-through” fees.   As previously indicated, it is clear that Respondent has no legitimate rights in the <12emeraldclub.com> domain name and, by the use of a domain name confusingly similar to Complainant’s \"EMERALD CLUB\" mark, is attempting to use the <12emeraldclub.com> domain name to drive Internet traffic to its web site, corresponding to the domain name in dispute, when Internet users are trying to reach the Complainant's web site.  Such use constitutes a lack of rights or legitimate interest in the disputed domain name \r\n\t\r\nThe 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.  The 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.  \r\n\r\nIt 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.com> domain name is confusingly similar to Complainant’s EMERALD CLUB mark.  The Respondent has no legitimate rights in the <12emeraldclub.com> domain name. The Respondent has merely registered the <12emeraldclub.com> 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.\r\n\r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which are pending or decided and which relate 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, 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.\r\n\r\nThe disputed domain name <12emeraldclub.com> was registered on July 26, 2013 by using a privacy shield service \"WHOISGUARD PROTECTED c\/o Whoisguard, Inc.”. Following a request for registrar verification, the Registrar revealed the identity of the underlying registrant of the disputed domain name as Joycee Buenaflor, 16th Floor PBCOM Building, Makati, Metro Manila 0727.\r\n\r\nBased on the decision No 100221 Vanguard Trademark Holdings USA LLC, v. WanZhongMedia c\/o Wan Zhong, No. 100221, the Panel finds that the change of name of the registrant after notification of the Complaint will be disregarded.\r\n",
    "decision": "Accepted",
    "panelists": [
        "Avv. Guido Maffei"
    ],
    "date_of_panel_decision": "2014-05-28 00:00:00",
    "informal_english_translation": "The Complainant is the owner of different trademark registrations for \"EMERALD CLUB\".  In particular Vanguard Trademark Holdings USA LLC owns:\r\n\r\n- CTM Registration for \"EMERALD CLUB\" n. 190603 filed on April 1, 1996, registered on September 10, 1998 and duly renewed for services in class 39;\r\n\r\n- U.S. Registration for \"EMERALD CLUB\" n. 1482719 filed on July 28, 1987, registered on March 29, 1988 and duly renewed for services in class 39;\r\n\r\n- Panamanian  Registration for \"EMERALD CLUB\" n. 47732 filed on September 12, 1988, registered on August 24, 1990 and duly renewed for services in class 39.\r\n\r\n\r\n\r\n\r\n ",
    "decision_domains": {
        "12EMERALDCLUB.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}