{
    "case_number": "CAC-UDRP-100843",
    "time_of_filling": "2014-08-11 15:28:44",
    "domain_names": [
        "12emeraldclub.net"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Vanguard Trademark Holdings USA LLC"
    ],
    "complainant_representative": "Harness, Dickey & Pierce, PLC",
    "respondent": [
        "WHOISGUARD, INC. c\/o Whois Protected"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\nThe Complainant, Vanguard Trademark Holdings USA LLC is the record owner of the different trade marks in different areas.\r\nThe Complainant, Vanguard Trademark Holdings USA, LLC, is the owner of the EMERALD CLUB mark which it licenses to the National Car Rental operating companies.\r\n12emeraldclub.net, is owned of record by WHOISGUARD, INC. c\/o WHOISGUARD PROTECTED, a domain privacy service.\r\nThe Complainant Vanguard Trademark Holdings USA, LLC, is the owner of the EMERALD CLUB mark which it licenses to the National Car Rental operating companies. Started in 1948, NATIONAL is a premium, internationally recognized brand serving the daily rental needs of the frequent airport business traveler throughout the United States, Canada, Mexico, the Caribbean, Latin America (including Panama), Asia, and the Pacific Rim. Emerald Club is the name of National Car Rental’s loyalty club that offers enhanced vehicle rental services to Emerald Club members. The Emerald Club web page at emeraldclub.com offers online car rentals to EMERALD CLUB members\".\r\n\r\nIt was discovered by the Complainant that the Respondent has registered the domain name \"12emeraldclub.net“ which is confusingly similar to Complainant’s registered “EMERALD CLUB mark\". The Complainant argues that disputed domain name \"12emeraldclub.net \" is confusingly similar to the trade mark and branded goods \"EMERALD CLUB \". The Complainant believes that this is contrary to paragraph 4 (a) and 4 (b) of the Uniform Domain Name Dispute Resolution Policy (\"UDRP\"). \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 disputed domain name.",
    "no_response_filed": "PARTIES' CONTENTIONS:\r\n\r\nThe 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).\r\n\r\nA) Complainant \r\n\r\nComplainant, Vanguard Trademark Holdings USA LLC is the record owner of the following registration for the relevant mark in different areas: \r\n12emeraldclub.net, is owned of record by WHOISGUARD, INC. c\/o WHOISGUARD PROTECTED, a domain privacy service. \r\nComplainant does not believe that it should be required to file an amended complaint once the Registrar “draws back the curtain” to reveal the real owner of the domain name at issue.\r\nComplainant, Vanguard Trademark Holdings USA, LLC, is the owner of the EMERALD CLUB mark which it licenses to the National Car Rental operating companies\r\nComplainant’s registrations and use of the EMERALD CLUB mark for car rental services sufficiently establishes its right in the mark pursuant to ICANN’s Uniform Dispute Resolution Policy (“Policy”) 4(a)(i).\r\nThe domain name 12emeraldclub.net is confusingly similar to Complainant’s registered EMERALD CLUB mark. The 12emeraldclub.net domain name fully incorporates Complainant’s EMERALD CLUB mark, merely adding the numeral “12” at the beginning, eliminating the space between EMERALD and CLUB, and adding the generic top level domain identifier, “.net” at the end.\r\nThe 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.\r\nAdding a numeral such as “12” to the front of the 12emeraldclub.net domain name does not distinguish it from Complainant’s EMERALD CLUB mark.\r\nThe Respondent has no rights or legitimate interests in the 12emeraldclub.net domain name. On 03 August 2014 the 12emeraldclub.net 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.:\r\nNational Rent a Car \r\nNational Emerald Club \r\nNational Car Hire \r\nEmerald Club Car Rental \r\nAnfi Emerald Club Tauro \r\nCar Hire Gran Canaria \r\nAlamo Car Rental Claims \r\nCar Rental Companys \r\nCheapest Car Hire London \r\nCar Rental Car Renta\r\nThe web site to which the 12emeraldclub.net domain name resolves gives no indication that Respondent is known as, operating a business as, or advertising as “12 Emerald Club.” The WHOIS record is the sole piece of relevant evidence when determining what a respondent is commonly known.\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, the Respondent is clearly not making any legitimate noncommercial or fair use of 12emeraldclub.net. In fact, any claim in that regard is easily dismissed since the 12emeraldclub.net web page is a generic type of web page commonly used by domain name owners seeking to monetize their domain names through “click-through” fees. \r\nThe facts of record suggest and support a finding that Respondent both registered and is using the 12emeraldclub.net domain name in bad faith. 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. 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\nOn these bases, it 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.net domain name is confusingly similar to Complainant’s EMERALD CLUB mark. Respondent has no legitimate rights in the 12emeraldclub.net domain name. Respondent has merely registered the 12emeraldclub.net 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\nThe Complainant concludes that the Respondent has registered and is using the disputed domain name in bad faith.\r\n\r\nB) Respondent\r\n\r\nThe Respondent did not respond to the Complainant at all even it is obliged to do so. \r\n",
    "rights": "The Compainant 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.",
    "decision": "Accepted",
    "panelists": [
        "Vít Horáček"
    ],
    "date_of_panel_decision": "2014-09-18 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-CTM Registration for “EMERALD CLUB” n. 190603 filed on April 1, 1996, registered  on September 10,1998 and duly renewed for services in class39;\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-Panamian 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",
    "decision_domains": {
        "12EMERALDCLUB.NET": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}