The Complainant has adduced a compelling body of evidence proving its rights in relation to the SBK brand, in the form of trademarks under distinct classes in the Nice Classification, domain names and the notoriety the brand has won. The disputed domain name is confusingly similar to the Complainant’s registered trademarks since it incorporates the Complainant’s "SBK" mark, merely (i) adding generic term THE GAME, and (ii) adding the generic top level domain identifier “.com” at the end. Adding such a generic term as THE GAME does not distinguish the disputed domain name from the Complainant’s trademarks.
The Panel finds that the Complainant successfully submitted prima facie evidence that the Respondent has made no use of, or demonstrable preparations to use, the disputed domain name in connection with a bona fide offering of goods or services, or is making a legitimate non-commercial or fair use of the disputed domain names, or is commonly known under the disputed domain names. This prima facie evidence was not challenged by the Respondent.
The Respondent's identity was concealed by the nugatory registration of "PRIVATE REGISTRATION" as its name; the contact details shed no light on the Respondent's identity either, until revealed by the Registrar in the course of the present proceedings. The evidence adduced by the Complainant of the Respondent's website and not challenged by the Respondent then clearly indicates that the purpose of the site is to deviate web traffic to other sites connected with similar activities to those of the Complainant, thereby exploiting the Complainant's brand notoriety to the Complainant's disadvantage. Bad faith, because it connotes wrongful intent, cannot be merely assumed mechanically. But the combination of surreptitious registration with clear evidence of an intention to deviate web traffic through use of the SBK brand is sufficient to draw the inference that bad faith exists in the present case. All of the elements required under the Policy are thus fulfilled to justify the Complaint and to find for the Complainant.
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