WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Carvana, LLC v. Domain Administrator, Fundacion Privacy Services LTD

Case No. D2021-0275

1. The Parties

Complainant is Carvana, LLC, United States of America (“United States”), represented by Bryan Cave Leighton Paisner, United States.

Respondent is Domain Administrator, Fundacion Privacy Services LTD, Panama.

2. The Domain Name and Registrar

The disputed domain name <carvanaz.com> is registered with Media Elite Holdings Limited (the “Registrar”).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on January 29, 2021. On January 29, 2021, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. On January 30, 2021, the Registrar transmitted by email to the Center its verification response confirming that Respondent is listed as the registrant and providing the contact details.

The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified Respondent of the Complaint, and the proceedings commenced on February 10, 2021. In accordance with the Rules, paragraph 5, the due date for Response was March 2, 2021. Respondent did not submit any response. Accordingly, the Center notified Respondent’s default on March 9, 2021.

The Center appointed Gabriel F. Leonardos as the sole panelist in this matter on March 12, 2021. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.

4. Factual Background

Complainant is CARVANA, LLC, a leading e-commerce platform for buying and selling used cars. Complainant promotes online vehicle dealership and financing services in the United States under the CARVANA trademarks through its official website <carvana.com>, which hosts Complainant’s e-commerce platform. Complainant’s website receives more than 5 million visitors each month.

Complainant delivers vehicles throughout the United States and also operates 26 (twenty-six) vending machines under the trademark CARVANA, located in the major cities. Complainant has grown rapidly since launching in January 2013 and currently operates in more than 261 markets, covering more than 73.2 per cent of the United States population.

Furthermore, Complainant sold more than 175,000 vehicles to retail customers only in 2019, in a way that its “used vehicle sales revenue” exceeded USD 3 billions.

In light of the above, considering the valuable goodwill and reputation incorporated by CARVANA, Complainant has filed several trademarks registrations in the United States in order to protect its investments and rights over the automobile services that the company provides, for example: