Enterprise Holdings, Inc. v. Deepak Jain
Claim Number: FA1912001875688
Complainant is Enterprise Holdings, Inc. (“Complainant”), represented by Josh A. Partington of Harness, Dickey & Pierce, PLC, Virginia, United States. Respondent is Deepak Jain (“Respondent”), India.
REGISTRAR AND DISPUTED DOMAIN NAME
The domain name at issue is <enterprise.ooo>, registered with PDR Ltd. d/b/a PublicDomainRegistry.com.
The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding.
Bruce E. Meyerson as Panelist.
Complainant submitted a Complaint to the Forum electronically on December 17, 2019; the Forum received payment on December 17, 2019.
On December 18, 2019, PDR Ltd. d/b/a PublicDomainRegistry.com confirmed by e-mail to the Forum that the <enterprise.ooo> domain name is registered with PDR Ltd. d/b/a PublicDomainRegistry.com and that Respondent is the current registrant of the name. PDR Ltd. d/b/a PublicDomainRegistry.com has verified that Respondent is bound by the PDR Ltd. d/b/a PublicDomainRegistry.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 December 20, 2019, the Forum served the Complaint and all Annexes, including a Written Notice of the Complaint, setting a deadline of January 9, 2020 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@enterprise.ooo. Also on December 20, 2019, 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.
A timely Response was received and determined to be complete on January 9, 2020.
On January 14, 2020 pursuant to Complainant's request to have the dispute decided by a single-member Panel, the Forum appointed Bruce E. Meyerson as Panelist.
Having reviewed the communications records, the Administrative Panel (the "Panel") finds that the 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.
Complainant requests that the domain name be transferred from Respondent to Complainant.
A. Complainant
1. Complainant is an internationally recognized brand serving the vehicle rental and leasing needs of customers. Complainant has rights in the ENTERPRISE mark through its registration with the United States Patent and Trademark Office (“USPTO”) (e.g., Reg. No. 1,343,167, registered June 18, 1985).
2. Complainant’s <enterprise.ooo>[i] domain name is confusingly similar to Complainant’s ENTERPRISE mark. Respondent incorporates Complainant’s mark in its entirety and adds the “.ooo” generic top-level domain (“gTLD”).
3. Respondent has no rights or legitimate interests in the <enterprise.ooo> domain name as Respondent is not commonly known by the domain name nor did Complainant license or authorize Respondent use its ENTERPRISE mark in any way.
4. Respondent fails to make a bona fide offering of goods or services or legitimate noncommercial or fair use. Instead, Respondent’s domain name resolves to a webpage that features links to third-party websites, some of which directly compete with Complainant’s business.
5. Respondent registered and uses the <enterprise.ooo> domain name in bad faith. Respondent’s domain name resolves to a webpage that offers links to competing services.
6. Finally, Respondent had actual knowledge of Complainant’s rights in the ENTERPRISE mark due to the fame of the mark.
B. Respondent
Respondent agrees to relinquish control of the <enterprise.ooo> domain name.
Respondent has consented to the transfer of the <enterprise.ooo> domain name to Complainant.
The National Arbitration Forum was copied on documentation submitted from Respondent to the Forum and Complainant. In this document, Respondent consents to the transfer of the domain name. Respondent states as follows:
“I wish to inform you that I am ready to relinquish the disputed domain that is <enterprise.ooo> in favour of the complainant without any arguments and/or suggested proceedings through the Administrative Panel.”
Because Respondent has not contested the transfer of the <enterprise.ooo> domain name but instead agrees to transfer the domain name in question to Complainant, the Panel will forego the traditional UDRP analysis and order an immediate transfer of the <enterprise.ooo> domain name. See Boehringer Ingelheim Int’l GmbH v. Modern Ltd. – Cayman Web Dev., FA 133625 (Forum Jan. 9, 2003) (transferring the domain name registration where the respondent stipulated to the transfer); see also Malev Hungarian Airlines, Ltd. v. Vertical Axis Inc., FA 212653 (Forum Jan. 13, 2004) (“In this case, the parties have both asked for the domain name to be transferred to the Complainant . . . Since the requests of the parties in this case are identical, the Panel has no scope to do anything other than to recognize the common request, and it has no mandate to make findings of fact or of compliance (or not) with the Policy.”); see also Disney Enters., Inc. v. Morales, FA 475191 (Forum June 24, 2005) (“[U]nder such circumstances, where Respondent has agreed to comply with Complainant’s request, the Panel felt it to be expedient and judicial to forego the traditional UDRP analysis and order the transfer of the domain names.”).
The Respondent having consented to the transfer of the <enterprise.ooo> domain name, the Panel concludes that relief shall be GRANTED.
Accordingly, it is Ordered that the <enterprise.ooo> domain name be TRANSFERRED from Respondent to Complainant.
Bruce E. Meyerson, Panelist
Dated: January 17, 2020
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