The Complainant has not, to the satisfaction of the Panel, shown the Respondent to have no rights or legitimate interests in respect of the disputed domain name (within the meaning of paragraph 4(a)(ii) of the Policy).
The Complainant has made a number of assertions that, in the opinion of the Panel, are not supported by evidence. The Complainant contends that 'It is obvious that the Respondent is a cyber squatter' and refers to the use of an identity protection service, as was indeed the case at the point in time that the original (unamended) Complaint was made. However, identity protection services can be used for a number of purposes, legitimate or illegitimate. On the other hand, using of identity protection service in connection with not responding to the complaint can be seen as an indication of bad faith (see paragraph 3.6 of the WIPO Jurisprudential Overview 3.0 for more details). Next, the Complainant contends that the Respondent 'has registered the same simply to sell it to the Complainant or its competitors', but the Complaint does not contain any evidence of this nature. Indeed, as set out under bad faith, below, the Complaint is erroneous in the observations it makes on the use of the disputed domain name. This line of argument must therefore be dismissed.
The Panel notes that a UK registered company (03480123) by the name of BLUESTAR INTERNATIONAL appears active in the same field ('media representation services') as the material presented on the website at the disputed domain name, over the period of 10 years, and can reasonably conclude that the website is and has been operated by this company. The sources for this finding are the database of UK registered companies (Companies House) and the Internet Archive. Although the Respondent has not participated in the proceedings, this is at least evidence pointing towards the applicability of paragraphs 3(c)(i), that is, use in connection with a bona fide offering.
The Panel therefore concludes that the Complainant has not provided sufficient information to demonstrate, on the balance of probabilities, that the Respondent has no rights or legitimate interests in the disputed domain name.
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