Vanguard Trademark Holdings USA LLC v. Above.com Domain Privacy
Claim Number: FA1210001466774
Complainant is Vanguard Trademark Holdings USA LLC (“Complainant”), represented by Renee Reuter of Vanguard Trademark Holdings USA LLC, Missouri, USA. Respondent is Above.com Domain Privacy (“Respondent”), Australia.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name here at issue is <alamocarrentail.com>, registered with ABOVE.COM PTY LTD.
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.
Complainant submitted a Complaint to the National Arbitration Forum electron-ically on October 10, 2012. The National Arbitration Forum received payment on October 10, 2012.
On October 12, 2012, ABOVE.COM PTY LTD. confirmed by e-mail to the Nat-ional Arbitration Forum that the <alamocarrentail.com> domain name is regis-tered with ABOVE.COM PTY LTD. and that Respondent is the current registrant of the name. ABOVE.COM PTY LTD. has verified that Respondent is bound by the ABOVE.COM PTY LTD. 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 October 12, 2012, the Forum served the Complaint and all Annexes, includ-ing a Written Notice of the Complaint, setting a deadline of November 1, 2012 by which Respondent could file a Response to the Complaint, via e-mail to all en-tities and persons listed on Respondent’s registration as technical, administra-tive, and billing contacts, and to postmaster@alamocarrentail.com. Also on October 12, 2012, the Written Notice of the Complaint, notifying Respondent of the e-mail 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 November 14, 2012, 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.
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 any response from Respondent.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
Complainant is the owner of the ALAMO mark, and is the largest car rental provider to international travelers visiting North America.
Complainant holds a registration of the ALAMO service mark, on file with the United States Patent and Trademark Office (“USPTO”) (Reg. No. 1,097,722 registered July 25, 1978).
Respondent’s <alamocarrentail.com> domain name is confusingly similar to Complainant’s ALAMO mark.
Respondent registered its <alamocarrentail.com> domain name May 21, 2012.
Respondent’s resolving page provides links to the webpages of car rental ser-vices operating in competition with the business of Complainant.
Respondent’s use of the disputed domain name is neither a bona fide offering of goods or services nor a legitimate noncommercial or fair use.
Complainant has not licensed or permitted Respondent to use its ALAMO mark.
Respondent has no rights to or legitimate interests in the <alamocarrentail.com> domain name.
Respondent was aware of Complainant’s business and of its rights in the ALAMO mark when it registered the disputed domain name.
Respondent is attracting to its resolving website, for its commercial gain, Internet traffic intended for Complainant’s website by creating a likelihood of confusion among Internet users with Complainant’s ALAMO mark.
Respondent registered and is using the <alamocarrentail.com> domain name in bad faith.
B. Respondent
Respondent failed to submit a Response in this proceeding in compliance with the requirements of the Policy and its accompanying rules. However, in an e-mail message addressed to the National Arbitration Forum, Respondent has recited as follows:
i [sic] do not wish to contest this domain and would like to freely push it over to the complainant.
Accordingly, it is Ordered that the <alamocarrentail.com> domain name be TRANSFERRED forthwith from Respondent to Complainant.
Terry F. Peppard, Panelist
Dated: November 27, 2012
Click Here to return to the main Domain Decisions Page.
Click Here to return to our Home Page