In the opinion of the Panel the disputed domain name is confusingly similar to Complainant's trademarks pursuant to paragraph 4 (a)(i) of the Policy. Many UDRP decisions have found that a disputed domain name is identical or confusingly similar to a complainant’s trademark where the disputed domain name incorporates the complainant’s trademark or the principal part thereof in its entirety. The international WIPO trademark of Complainant predates by several years the registration date of the disputed domain name.
In the opinion of the Panel Complainant has made a prima facie case that Respondent lacks rights or legitimate interest in the disputed domain name. Complainant has not licensed or otherwise permitted Respondent to use any of its trademarks or to register the disputed domain name incorporating its marks. Respondent is not making a legitimate non-commercial or fair use of the disputed domain name without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark of Complainant. Respondent is not commonly known by the Domain Name nor has it acquired trademark rights. Complainant has no relationship with Respondent.
Respondent did not submit any response. Under these circumstances, the Panel finds that Respondent has no rights or legitimate interests in the disputed domain name name pursuant to paragraph 4(a)(ii) of the Policy.
The Panel finds that the disputed domain name has been registered and is being used in bad faith. The trademarks of Complainant exist for a long time. Respondent knew or should have known that the disputed domain name included Complainant’s well-known trademarks. The Panel notes that the website at the disputed domain name currently redirects users to the website of Complainant. However, such passive holding of the website does not prevent the Panel from finding registration and use in bad faith. The Panel further notes that Respondent undeveloped use of the website at the disputed domain name which incorporates Complainant’s trademarks in its entirety indicates that Respondent possibly registered the Disputed domain name with the intention to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the trademarks of Complainant as to the source, sponsorship, affiliation, or endorsement of its website or location or of a service on its website or location, as per paragraph 4(b)(iv) of the Policy.
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