{ "case_number": "CAC-UDRP-101119", "time_of_filling": "2015-11-24 10:43:54", "domain_names": [ "atesacarhire.com", "ehicarhire.com", "ehicars.com", "ehicarservices.com", "ehirentalcars.com", "ehirecar.com " ], "case_administrator": "Lada Válková (Case admin)", "complainant": [ "Enterprise Holdings, Inc." ], "complainant_representative": "Harness, Dickey & Pierce, PLC", "respondent": [ "Thompson Mart" ], "respondent_representative": null, "factual_background": "The Complainant is a vehicle rental service provider founded in the United States in 1974. It provides daily car rental services throughout the United States, Canada, Ireland, Germany, Spain and the United Kingdom. \r\n\r\nThe Complainant purchased the Spanish car rental brand ATESA in 2011 and continues to use the trademark ATESA in Spain and the domain names and to redirect users to the Complainant’s Spanish web site “www.enterprise.es”.\r\n\r\nThe Complainant’s trademark EHI is constituted of the acronym of the Complainant’s name Enterprise Holdings, Inc. and the Complainant’s domain name resolves to a web site operated by the Complainant.\r\n\r\nThe Respondent registered the disputed domain name on October 3, 2014, the disputed domain names , , and on October 24, 2015, and on August 19, 2015.\r\n\r\nThe disputed domain name is pointed to a web site, available at “www.atesacarhire.com”, offering car rental services and displaying a logo “Tipoa Car Hire”. The disputed domain names , , , and are redirected to the web site “www.tipoa.com”, offering the car rental services under the mark Tipoa. The domain name is registered in the name of “david tate” but the email address displayed in the WhoIs records (flights@stealthsurfer.com) is the same as the one used in the WhoIs details of the disputed domain names. ", "other_legal_proceedings": "No legal proceeding has been commenced or terminated in connection with the disputed domain names.", "no_response_filed": "PARTIES' CONTENTIONS.\r\n\r\nCOMPLAINANT.\r\n\r\nThe Complainant contends that the disputed domain name is confusingly similar to Complainant’s registered trademark ATESA and that the disputed domain names , , , and are confusingly similar to Complainant’s registered trademark EHI, as the disputed domain names incorporate the Complainant’s trademarks in their entirety with the addition of descriptive terms, letters and the Top-Level suffix .com, which do not differentiate the resulting domain names from the Complainant’s marks.\r\n\r\nThe Complainant states that the Respondent’s use of the disputed domain names to promote car rental services competitive with those provided by the Complainant does not represent a bona fide offering of goods or services under Policy.\r\n\r\nThe Complainant also states that there is nothing in the WhoIs records of the disputed domain name that would indicate that the Respondent is commonly known by the disputed domain names or names corresponding to the disputed domain names. The Complainant further informs the Panel that it has not licensed or otherwise permitted the Respondent to use its ATESA, EHI and E marks in connection with car rental services or any other goods or services or to apply for any domain name incorporating the ATESA, EHI AND E marks.\r\n\r\nThe Complainant further asserts that, once a complainant makes a prima facie case that a respondent lacks rights and legitimate interests in the contested domain names, the burden shifts to Respondent to show that it does have rights or legitimate interests.\r\n\r\nWith reference to the bad faith requirement, the Complainant points out that the Respondent is deliberately using domain names that are confusingly similar to Complainant’s marks to attract, for commercial gain, Internet users to its web sites, by creating a likelihood of confusion with Complainant’s marks as to the source, sponsorship, affiliation or endorsement of its web sites and the services offered at such web sites.\r\n\r\n\r\nRESPONDENT.\r\n\r\nNo administratively compliant Response has been filed.", "rights": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain names are confusingly similar to 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 that the Respondent has no rights or legitimate interests in respect of the disputed domain names (within the meaning of paragraph 4(a)(ii)of the Policy).", "bad_faith": "The Complainant has, to the satisfaction of the Panel, shown that the disputed domain names have been registered and are 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": [ "Luca Barbero" ], "date_of_panel_decision": "2016-01-07 00:00:00", "informal_english_translation": "The Complainant is the owner of the Community Trademark Nos. 000387241 for ATESA (figurative mark), registered on December 17, 2003, in International classes 12, 16, 35, 37 and 39; 008441263 for EHI (word mark), registered on January 28, 2010, in International classes 12, 35, 36, 37 and 39; 000036335 for E (figurative mark), in International classes 12, 36 and 39; and 000036343 for E (figurative mark), in International classes 12, 36 and 39.\r\n\r\nThe Complainant also owns the United States trademark registration No. 3856949 for EHI (word mark), registered on October 5, 2010, in International classes 12, 35, 36, 37 and 39.\r\n\r\nThe Complainant further owns the domain name , registered on May 22, 1995, while the Complainant’s subsidiary Autotransporte Turistico Espanol S.A. is the owner of the domain names , registered on September 25, 1997, and , registered on March 3, 1999.", "decision_domains": { "ATESACARHIRE.COM": "TRANSFERRED", "EHICARHIRE.COM": "TRANSFERRED", "EHICARS.COM": "TRANSFERRED", "EHICARSERVICES.COM": "TRANSFERRED", "EHIRENTALCARS.COM": "TRANSFERRED", "EHIRECAR.COM": "TRANSFERRED" }, "panelist": null, "panellists_text": null }