WIPO Arbitration and Mediation Center ADMINISTRATIVE PANEL DECISION E C Eden Group LLC v. Registration Private, Domains By Proxy, LLC / Alon Shemesh, XORi Tech Case No. D2018-2934 1. The Parties

The Complainant is E C Eden Group LLC of Israel, represented by Angel Law Firm, Israel.

The Respondent is Registration Private, Domains By Proxy, LLC of Scottsdale, Arizona, United States of America (“United States”) / Alon Shemesh, XORi Tech of Ganey Tikva, Israel, self-represented. 2. The Domain Name and Registrar

The disputed domain name (the “Domain Name”) is registered with GoD, LLC (the “Registrar”). 3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on December 23, 2018. On December 24, 2018, the Center transmitted by email to the Registrar a request for registrar verification in connection with the Domain Name. On December 24, 2018, the Registrar transmitted by email to the Center its verification response disclosing registrant and contact information for the Domain Name which differed from the named Respondent and contact information in the Complaint. The Center sent an email communication to the Complainant on January 9, 2019, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. The Complainant filed an amendment to the Complaint on January 9, 2019.

The Center verified that the Complaint together with the amendment to 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 the Respondent of the Complaint, and the proceedings commenced on January 10, 2019. In accordance with the Rules, paragraph 5, the due date for Response was January 30, 2019. On January 27, 2019, the Respondent requested a four-day extension of time to file the Response under paragraph 5(b) of the Rules. The Center granted the requested extension and confirmed that the new deadline for Response was February 3, 2019. The Response was filed with the Center on February 2, 2019.

The Center appointed Ellen B Shankman as the sole panelist in this matter on February 7, 2019. 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.

An additional amended correction to the Respondent’s affidavit was sent by email by the Respondent on February 11, 2019, to the Center and directly sent to the Panelist. The Center reminded the Respondent that all communications need to come through the Center and not be sent directly to the Panelist. 4. Factual Background

The Complainant alleges that it is a real-estate company in the field of short term rental accommodations in Tel Aviv district of Israel. The Complainant alleges that it uses its principal’s name and reputation and “holds, since 2010, a Common Law Trademark holder of the Name ‘Elad Eden’ in the real-estate sector in Israel. The Complaint Registered Name: E C EDEN GROUP was formed of the name ELAD CHAN EDEN – The founder’s name. Yet, and the Company is known as ELAD EDEN GROUP or ELAD EDEN”.

The date of the Domain Name registration was confirmed by the Registrar to be November 8, 2015.

The Panel also conducted an independent search to determine that the Domain Name resolves to an active webpage in Hebrew that is labeled (in English) “Those Injured by Elad Eden Group” which promotes a gripe site about the Complainant and his services. 5. Parties’ Contentions A. Complainant

The Complaint alleges that the Complainant is a private registered company in Israel named E C Eden Group LLC (“Eden Group”), which is owned by another Israel company Midtown White City LLC (“Midtown”), which purchased Eden Group from a sole owner real-estate entrepreneur named Elad Eden (“Elad”) who established Eden Group.

The Complaint further alleges due to the growth of the short-term rental market and the lack of available apartments in Tel-Aviv, the Complainant became well-known for the trademark ELAD EDEN within the real-estate market in Israel, and has acquired substantial reputation among consumers and investors. The Complaint identifies a number of websites it owns and news articles in support of this claim. The Complainant also argues that the common law trademark “Elad Eden” is a unique combination and that there is a high probability of confusion that the Domain Name is the Complainant’s official website. Furthermore, the Domain Name was bought by the Respondent with the view disrupting the business of the Complainant and to tarnish the Complainant’s trademark and credibility. The Complainant argues that – and in contradiction to his claim that it does not know who the proxy registrant was behind the Domain Name – the his business and reputation have been struggling for the last four years due to the Respondent’s efforts to defame him and in diverting traffic to its website.

To summarize the Complaint, the Complainant is the owner of a common law trademark in ELAD EDEN, in the field of real estate in Tel Aviv. The Domain Name is confusingly similar to the trademark owned by the Complainant and identical to the Complainant’s personal name. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the Domain Name. The Domain Name was registered and is being used in bad faith. Thus, the Respondent’s registration and use of the Domain Name constitutes bad faith registration and use under the Policy, and the Complainant requests transfer of the Domain Name. B. Respondent

The Respondent makes many contentions more germane to their ongoing dispute with the Complainant and the substance of their dispute and provides a diatribe against the Complainant before addressing the issues before the Panel. The Respondent does eventually, however, dispute that the Complainant has common law trademark rights and that the names are confusingly similar with the name of the Complainant’s company. The Respondent also contends that the Complainant only has “badwill”, and no goodwill in any name. The Respondent further denies that he lacks rights or legitimate interests i