PARTIES' CONTENTIONS:
COMPLAINANT:
The Complainant submits that the Disputed Domain Name is identical to the trade marks and service marks of the Complainant and is used for identical services for such trade marks in which the Complainant has rights.
The Complainant claims that the Respondent registered the disputed domain <myvanilladebit .com> without any rights or legitimate interests in the name. It claims that there is no evidence of the Respondent’s use of, or demonstrable preparations to use, the Disputed Domain Name, or a name corresponding to the Disputed Domain Name in connection with a bona fide offering of goods or services. The Complainant further contends that the Respondent has not been commonly known by the Disputed Domain Name and that the Respondent is not making a legitimate non-commercial or fair use of the Disputed Domain Name, without intent for commercial gain misleadingly to divert consumers or to tarnish the trade mark or service mark at issue.
The Complainant further asserts that the Disputed Domain Name has been used in bad faith by the Respondent who intentionally attempts to attract internet users to the Respondent’s website or other online location, for commercial gain, by creating a likelihood of confusion with the Complainant’s mark as regards the source, sponsorship, affiliation or endorsement of the Respondent’s web site or location of a product or service on the Respondent’s web site or location.
RESPONDENT: NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.
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