Pursuant to paragraph 4(a) of the Policy there are three conditions to be met should the Complainant successfully seek transfer of the disputed domain name:
1. the disputed domain name has to be identical or confusingly similar to Complainant’s trademark;
2. the Respondent has no rights or legitimate interests in respect of the disputed domain name; and
3. the disputed domain name has been registered and is being used in bad faith.
All the conditions are in detail discussed below.
1. The Panel finds that the disputed domain name <praxbind.xyz> is identical to the Complainant’s earlier trade mark "PRAXBIND", which has been registered long before the disputed domain name. The Panel considers that the addition of as the generic top level domain identifier “.xyz” at the end does not alter this conclusion.
2. 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 has not submitted evidence of any use of the disputed domain name in connection with a bona fide offering of goods or services. The Respondent is not commonly known by the domain name and he is not making legitimate non-commercial or fair use of the disputed domain name. There appears to be no other basis on which the Respondent could claim any rights or legitimate interests to the domain name. Therefore, the Complainant has made a prima facie case that the Respondent does not have any rights or legitimate interests in the domain name and the Respondent has chosen not to file any Response.
In the absence of any Response from the Respondent, or any other information indicating the contrary, the Panel concludes that the Respondent has no rights or legitimate interests in respect of the disputed domain name.
3. The Complainant contends that the Respondent is currently using the domain name as a landing page where sponsored links are listed. In addition, Complainant contends that the domain name displays an "offer for sale".
The Panel has not been able to attest that the website at the disputed domain name includes a landing page with sponsored links. However, the Panel has been able to establish that there is a message displayed on the website stating: "BUY THIS DOMAIN The domain praxbind.xyz may be for sale by its owner!" When clicking on the available link, the internet user is redirected to SEDO’s website where the domain name is offered for sale from USD 90. as mentioned by the Complainant.
This offer for sale is already indicative of registration and use of the domain name in bad faith. Paragraph 4(b)(i) of the Policy. It is also worth noting that the Respondent has deliberately targeted the Complainant's trademark by registering a domain name identical to Complainant’s coined trademark, it is currently not in use, and in the opinion of this Panelist, there is no plausible legitimate use of the domain name; all these factors strongly support a finding of “bad faith registration and use” in accordance with paragraph 4(b) of the Policy.
|