The Complainant has, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the Domain Name (within the meaning of paragraph 4(a)(ii)of the Policy).
The Respondent appears to have replicated to a large extent the Complainant's website (including designs, logos, content, etc.).
Since the Respondent is in default, the Panel does not have the benefit of a response. As a result, the Panel can only make a decision based on the complaint and the content of the website located at the disputed domain name. Based on the website, the Panel finds that the Respondent is not making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue, since the Respondent appears to be carrying out a parallel business to Complainant's (commercial in nature). In absence of a response and taking into account arguments in the Complaint, the Panel also finds that Respondent is not commonly known by the disputed domain name.
Regarding whether the Respondent, before having any notice of the dispute, has been using the domain name in connection with a bona fide offering of goods or services, this Panel finds that there cannot be any 'bona fide' when the Respondent is using a name that is confusingly similar with a trademark, for the same type of services, and where the Respondent has appropriated itself of the Complainant's website concept and content. Following WIPO Case No. D2002-0946 Philip Morris Incorporated v. Alex Tsypkin, the Panel is satisfied the presentation of Respondent’s website is likely to mislead Internet users into believing the site is operated or endorsed by or affiliated with Complainant. Use which intentionally trades on the fame of another cannot constitute a bona fide offering of goods or services: Madonna Ciccone, p/k/a Madonna v. Dan Parisi and <madonna.com>, WIPO case D2000-0847. The Respondent cannot plausibly argue that he did not intentionally adopt the disputed domain name so as to benefit from the goodwill of the Complainant's mark.
Absent any other explanation from the Respondent, the Panel is satisfied that the Respondent has no right or legitimate interest to the domain name.
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