Paragraph 4(a)(i)of the Policy
The Panel finds the Domain Name virtually identical and confusingly similar to the LIQUI MOLI trade mark in which the Complainant has registered rights.
Paragraphs 4(a)(ii) and 4(a)(iii) of the Policy
The Respondent failed to file an administratively compliant (or any) response. Also, the Provider has informed the Panel that the Respondent has accessed the CAC's UDRP online platform following commencement of these proceedings. As such, the Panel is satisfied the Respondent has received the electronic correspondence from the Provider, and had access to the Complaint and the other documents in the case file for these proceedings. The Panel is therefore satisfied that the Respondent is fully aware of these proceedings, and of those matters put forward by the Complainant in support of its Complaint. The Panel is of the opinion that the Respondent has simply chosen not to respond. Therefore, in view of this, the Panel finds from the facts put forward that:
- The Respondent has no rights or legitimate interests in respect of the Domain Name. There was nothing put forward in the case file which might suggest otherwise.
- The Domain Name has been registered and is being used in bad faith. The Panel believes from the facts that the Respondent had the Complainant in mind when registering the Domain Name, and in particular the Complainant's LIQUI MOLI trade mark, which is registered in numerous territories across the world including the USA (the home territory of the Respondent according to the WHOIS database). Further, the Panel finds that the Domain Name has, since registration, been held (passively) by the Respondent with the purpose of selling the Domain Name to the Complainant for a large sum of money (the Respondent requested Euros 6,500), a sum which is no doubt in excess of the Respondent's out of pocket expenses related to the Domain Name (paragraph 4(b)(i)of the Policy).
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