The Complainant has, to the satisfaction of the Panel, shown the Domain Name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii)of the Policy).
The documents provided by the Complainant shows that the domain <fxcm.co.nl> has been used for a website which used the Complainant's trademarked logo, simply changing the text underneath the logo to 'worldwide' and changing the colours used. As the Complainant has shown the page source information revealed that the Respondent has set up links to redirect to other competitor websites such as <fxcm.com.ru/ctrader>, <avafx.com>, <afbfx.com>, <fxopen.com>, <easy-forex.com>, <myfxnet.com>, <bmiforex.com> and has even promoted loans from banks such as HSBC.
The Panel checked the website on 13 November 2014 and noted that the content has been changed; it is impossible to access the website. However, the old website mentioned by the Complainant could be found in the Internet Archive/Waybackmachine https://web.archive.org/ dated 28 May 2014. Within the UDRP system, panels frequently used the Wayback Machine in order to determine how a domain name has been used in the past ( Karl’s Sales and Service Company, LLC v. LaPorte Holdings, Inc., WIPO Case No. D2004-0929; National Football League v. Thomas Trainer, WIPO Case No. D2006-1440; La Francaise des Jeux v. Domain Drop S.A., WIPO Case No. D2007-1157; The iFranchise Group v. Jay Bean / MDNH, Inc. / Moniker Privacy Services [23658] Case No. D2007-1438).
The Respondent has obviously engineered the website using the trademarked logo of the Complainant and links to other parties in order to create a false association or impression that the Complainant has endorsed these third parties which is detrimental to the Complainant.
Furthermore, the Respondent used multiple registrations of domains which obviously infringe upon the Complainant's mark, such as <fxcm.com.sg>, <fxcm.co.id>, and <fxcmworldwide.com>. He used the same "strategy" in using the well-known trademark of a financial trader in the case <ctraderts.com> (Ctrader Limited v Ibnu Rusdi and Private Registration WIPO Case No. D2013-1800); Ctrader Limited is a company who designed a Forex trading platform called CTRADER and holds registered trademarks dating back to 2010. Such prior conduct suggests that the Respondent has engaged in a pattern of conduct of registering domain names in order to prevent the rights holder from registering the same, behaviour which is prohibited by Paragraph 4 (b) (ii) of the Policy.
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