National--car--rental.info

The timeline behind national--car--rental.info

Registration, the decision and the archived record of what this domain actually displayed — from public RDAP and the Internet Archive.

Result of record. The panel's reasoning and decisive facts behind each element are in the Intelligence dossier below.

NATIONAL ARBITRATION FORUM DECISION Vanguard Trademark Holdings USA LLC v. Charles Kyriakou / TimeCritical Solutions (TCS) Ltd. Claim Number: FA1106001393232 PARTIES Complainant is Vanguard Trademark Holdings USA LLC (“Complainant”), represented by Renee Reuter of Vanguard Trademark Holdings USA LLC, Missouri. Respondent is Charles Kyriakou / TimeCritical Solutions (TCS) Ltd. (“Respondent”), Great Britain. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is <national--car--rental.info>, registered with GoDaddy.com. PANEL The undersigned certifies that he has acted independently and impartially, and, to the best of his knowledge, has no conflict of interests in serving as Panelist in this proceeding. Terry F. Peppard as Panelist. PROCEDURAL HISTORY Complainant submitted a Complaint to the National Arbitration Forum electronically on June 13, 2011; the National Arbitration Forum received payment on June 13, 2011. On June 13, 2011, GoDaddy.com confirmed by e-mail to the National Arbitration Forum that the <national--car--rental.info> domain name is registered with GoDaddy.com and that Respondent is the current registrant of the name. GoDaddy.com has verified that Respondent is bound by the GoDaddy.com registration agreement and has thereby agreed to resolve domain disputes brought by third parties in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy (the “Policy”). On June 14, 2011, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of July 5, 2011 by which Respondent could file a Response to the Complaint, via e-mail to all entities and persons listed on Respondent’s registration as technical, administrative, and billing contacts, and to postmaster@national--car--rental.info. Also on June 14, 2011, the Written Notice of the Complaint, notifying Respondent of the email addresses served and the deadline for a Response, was transmitted to Respondent via post and fax, to all entities and persons listed on Respondent’s registration as technical, administrative and billing contacts. Having received no response from Respondent, the National Arbitration Forum transmitted to the parties a Notification of Respondent Default. On July 11, 2011, pursuant to Complainant's request to have the dispute decided by a single-member Panel, the National Arbitration Forum appointed Terry F. Peppard as sole Panelist in this proceeding. Respondent has not submitted a response to the Complaint filed in this proceeding in compliance with the requirements of the Policy and its Rules. However, Respondent has corresponded with the National Arbitration Forum via e-mail. Those e-mail communications will be considered, as appropriate, in deciding the issues presented by the Complaint. Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the National Arbitration Forum has discharged its responsibility under Paragraph 2(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") "to employ reasonably available means calculated to achieve actual notice to Respondent" through submission of Electronic and Written Notices, as defined in Rule 1 and Rule 2. Therefore, the Panel may issue its decision based on the documents submitted and in accordance with the ICANN Policy, ICANN Rules, the National Arbitration Forum's Supplemental Rules and any rules and principles of law that the Panel deems applicable, without the benefit of a complaint response from Respondent. RELIEF SOUGHT Complainant requests that the domain name be transferred from Respondent to Complainant. PARTIES' CONTENTIONS A. Complainant makes the following assertions: Complainant owns the NATIONAL CAR RENTAL service mark, and holds a registration for the mark with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 1,540,913, issued May 23, 1989). Complainant licenses the NATIONAL CAR RENTAL mark to National Car Rental and other operating entities. Respondent registered the <national--car--rental.info> on August 9, 2010. The disputed domain name resolves to a website featuring links to the websites of Complainant’s competitors in the car rental industry. Respondent’s <national--car--rental.info> domain name is confusingly similar to Complainant’s NATIONAL CAR RENTAL mark. Respondent is not commonly known by <national--car--rental.info> domain name. Complainant has not licensed or otherwise permitted Respondent to use its NATIONAL CAR RENTAL mark in connection with the marketing of car rental services or any other goods or services or to apply for any domain name incorporating the NATIONAL CAR RENTAL mark. Respondent does not have any rights to or legitimate interests in the <national--car--rental.info> domain name. Respondent registered and uses the <national--car--rental.info> domain name in bad faith. B. Respondent failed to submit a Response in this proceeding in compliance with the requirements of the Policy and its Rules. However, in e-mail messages addressed to the National Arbitration Forum, Respondent has recited as follows: “I have already told them [Complainant] a long time ago that I want to give the domain to them …. I don’t want the domain anyway…. The domain expires in August anyway, and I have never had any intention of renewing it.” DISCUSSION Paragraph 4(a) of the Policy requires that, in the ordinary course, Complainant must prove each of the following to obtain from a Panel an order that a domain name be transferred: i. the domain name registered by Respondent is identical or confusingly similar to a trademark or service mark in which Complainant has rights; ii. Respondent has no rights to or legitimate interests in respect of the domain name; and iii. the same domain name has been registered and is being used in bad faith. Notwithstanding the foregoing, Paragraph 15(a) of the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”) instructs this Panel to “decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.” Further, Policy ¶ 3(a) provides for the transfer of a domain name registration upon the written instructions of the parties to a UDRP proceeding without the need for otherwise required findings and conclusions (see, for example, Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Nat. Ar. Forum Jan. 13, 2004; see also Disney Enterprises, Inc. v. Morales, FA 475191 (Nat. Arb. Forum Jun. 24, 2005)). DECISION Respondent does not contest the material allegations of the Complaint, and, in particular it does not contest Complainant’s request that the disputed domain name be transferred to Complainant, but rather indicates in its written e-mail communications with the National Arbitration Forum a willingness that the domain name be so transferred. Thus the parties have effectively agreed in writing to a transfer of the subject domain name from Respondent to Complainant without the need for further proceedings. Accordingly, it is Ordered that the <national--car--rental.info> domain name be TRANSFERRED forthwith from Respondent to Complainant. Terry F. Peppard, Panelist Dated: July 25, 2011 Click Here to return to the main Domain Decisions Page. Click Here to return to our Home Page

Source of record: FORUM . Reproduced for research; FORUM is the authoritative source.