The Complainant has, to the satisfaction of the Panel, shown the disputed domain name has been registered and is being used in bad faith (within the meaning of paragraph 4(a)(iii) of the Policy).
The Complainant contends that the Respondent registered the disputed domain name primarily for the purpose of disrupting the business of a competitor. However, the evidence presented by the Complainant, and the Panel's assessment of it, points instead towards paragraph 4(b)(iv) of the Policy: that the Respondent has 'intentionally attempted to attract, for commercial gain, Internet users to the website or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of the website or location or of a product or service on the website or location'.
The presence of pay per click advertising on the website is an indication of commercial gain. The Respondent has taken no positive steps, to the knowledge of the Panel, to displace the possible likelihood of confusion through the use of a name corresponding closely to a trademark held by and existing website operated by the Complainant (see WIPO Case no. D2013-1409).
The Respondent has chosen to register a name consisting of the mark and an abbreviation also used by the Complainant for its services and on one of its existing websites. It is likely that the Respondent would have been aware of this website, as the suffix “EE“ would not occur in any other context.
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