{
    "case_number": "CAC-UDRP-100966",
    "time_of_filling": "2015-04-14 14:13:25",
    "domain_names": [
        "trianglecarhire.com"
    ],
    "case_administrator": "Lada Válková (Case admin)",
    "complainant": [
        "Enterprise Holdings, Inc."
    ],
    "complainant_representative": "Harness, Dickey & Pierce, PLC",
    "respondent": [
        "Domains By Proxy, LLC"
    ],
    "respondent_representative": null,
    "factual_background": "FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:\r\n\r\nThe Complainant is the owner of the TRIANGLE mark. The TRIANGLE mark has been used in connection with rental car services since 1981.  \r\n\r\nThe Domain Name was registered by “Domains By Proxy, LLC” (the 'Respondent') on 18 August 2014, and has been used to resolve to a web page featuring a list of \"Related Links\" which contains links to third party web sites offering rental car services. \r\n\r\nThe Respondent is a domain privacy service, although following the Request for Registrar Verification issued by the Czech Arbitration Court ('the CAC'), the proxy shield was lifted and the registrant was revealed to be Rui Zhang, Invertising Ltd of Nanjing, China.\r\n\r\n",
    "other_legal_proceedings": "The Panel is not aware of any other legal proceedings which relate to the disputed domain name TRIANGLECARHIRE.COM (the 'Domain Name'). ",
    "no_response_filed": "NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.\r\n\r\nCOMPLAINANTS' CONTENTIONS:\r\n\r\nThe Complainant claims that it does not need to amend its complaint if the Registrar reveals the real owner of the Domain Name at issue. \r\n\r\nThe Complainant asserts that the Domain Name is confusingly similar to its trade mark TRIANGLE as the Domain Name incorporates the Complainant's trade mark TRIANGLE combined with the term \"carhire\", which is descriptive of the Complainant's business. This combination constitutes a domain name which is confusingly similar to the Complainant's trade mark TRIANGLE. The Complainant also asserts that the generic top level domain identifier \".com\" is also insufficient to distinguish the Domain Name from the Complainant's trade mark TRIANGLE. \r\n\r\nThe Complainant furthermore claims that the Respondent has no rights or legitimate interests in respect of the Domain Name. In light of the long-standing use and registration of the Complainant's trade mark TRIANGLE, the Complainant asserts that the Respondent cannot have any legitimate rights in the Domain Name in connection with a site that serves merely to drive Internet traffic to web sites offering car rental services. Such use is not a bona fide offering of goods or services, nor is it legitimate noncommercial or fair use. \r\n\r\nAccording to the Complainant, the website to which the Domain Name resolves gives no indication that the Respondent is known as, operating a business as, or advertising as \"Triangle Car Hire\". The Complainant therefore concludes that the Respondent has not been commonly known by the Domain Name so as to have acquired rights to or legitimate interests in it. \r\n\r\nThe Complainant claims that by deliberately including the Complainant's TRIANGLE trade mark in the registration of the Domain Name, the Respondent is attempting to use the goodwill of the TRIANGLE trade mark to drive Internet traffic to its website through use of a confusingly similar domain name. The Complainant submits that it has not licensed or otherwise permitted the Respondent to use its TRIANGLE mark in connection with rental car services. \r\n\r\nFinally, the Complainant asserts that the Domain Name was registered and is being used in bad faith. In this regard, the Complainant claims that the Respondent is deliberately using a domain name that is confusingly similar to the Complainant's TRIANGLE mark to attract, for commercial gain, Internet users to its web site, by creating a likelihood of confusion with Complainant's TRIANGLE mark as to the source, sponsorship, affiliation or endorsement of its websites and the services offered at such websites. \r\n\r\nThe Complainant claims that the Respondent's website contains 'pay per click' advertising which will provide the Respondent with revenue from click-through fees. The Complainant also claims that, from the content of the Respondent's web page at the Domain Name, the Respondent had actual knowledge of the rights of the Complainants' predecessor's interest in the TRIANGLE trade mark for rental car services when the Respondent first registered the Domain Name. \r\n\r\n",
    "rights": "The Complainant has, to the satisfaction of the Panel, shown the Domain Name is 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 Complainant, being represented by Harness, Dickey & Pierce, PLC, filed its complaint in relation to the Domain Name with the CAC on 14 April 2015. \r\n\r\nFollowing the request for Registrar Verification, and the resultant lifting of the proxy shield revealing the true registrant of the Domain Name, the CAC informed the Complainant that it was not necessary for them to amend the Complaint so as to include the name that was revealed, and based this on decision No. 100221. This appears to the Panel to be entirely reasonable.\r\n\r\nThe CAC then formally commenced proceedings on 17 April 2015 and notified the Respondent accordingly.\r\n\r\nThe Respondent failed to submit a Response within the time frame required in this Complaint, or at all, and a Notification of Respondent’s Default was therefore issued by the CAC on 11 May 2015.\r\n\r\nHaving received a Statement of Acceptance and Declaration of Impartiality, the Czech Arbitration Court appointed Steve Palmer, of Palmer Biggs Legal - Solicitors, as the Panel in these UDRP proceedings on 14 May 2015. \r\n\r\n\r\n",
    "decision": "Accepted",
    "panelists": [
        "Steve Palmer"
    ],
    "date_of_panel_decision": "2015-05-29 00:00:00",
    "informal_english_translation": "Enterprise Holdings, Inc (the 'Complainant') is the owner of a current registered trade mark TRIANGLE in the United States of America under number 2,191,897 ('the TRIANGLE mark'), originally registered on 29 September 1998 and renewed on 21 January 2008. The Complainant's TRIANGLE trade mark is registered for 'automobile dealership services featuring used rental cars' in class 35 and also for 'renting and leasing automobiles...' in class 39.",
    "decision_domains": {
        "TRIANGLECARHIRE.COM": "TRANSFERRED"
    },
    "panelist": null,
    "panellists_text": null
}