Complainant has established that it is the owner of a European Union trademark registration for SINGING ROCK. The disputed domain name incorporates the entirety of the SINGING ROCK trademark. The addition of the generic Top-Level Domain (“gTLD”) “.store” is insufficient to avoid a finding that the disputed domain name is identical to the trademark of Complainant.
In the opinion of the Panel, Complainant has made a prima facie case that Respondent lacks rights or legitimate interests in the disputed domain name. Complainant has not licensed or otherwise permitted Respondent to use its trademark or to register the disputed domain name incorporating its trademark. Respondent is not making a legitimate non-commercial or fair use of the disputed domain name with intent for commercial gain to misleadingly divert consumers or to tarnish the trademark of Complainant.
The Panel accepts the undisputed evidence submitted by Complainant that the disputed domain name resolves to a website which is a copy of the website of Complainant and where products of Complainant are being advertised. The Panel does not consider such use a bona fide offering of goods or services nor a legitimate non-commercial or fair use of the disputed domain name. In addition, the website under the disputed domain name does not accurately and prominently disclose the relationship between Respondent and Complainant as the holder of the SINGING ROCK trademark, in particular as there has never been any business relationship between Complainant and Respondent. Respondent is also not commonly known by the disputed domain name nor has it acquired any trademark or service mark rights.
The Panel finds that the disputed domain name has been registered and is being used in bad faith. Noting the circumstances of this case, the Panel finds it more likely than not that Respondent knew or should have known of Complainant’s SINGING ROCK trademark.
The Panel accepts the undisputed submission of Complainant that it has received e-mails and phone calls from dissatisfied customers stating that they want a refund for orders that were never delivered by Respondent. The Panel further notes that the disputed domain name incorporates Complainant’s SINGING ROCK trademark in its entirety, which indicates, in the circumstances of this case, that Respondent registered and used the disputed domain name with the intention to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the trademark of Complainant as to the source, sponsorship, affiliation, or endorsement of its website or location or of a product or service on its website or location, which constitutes registration and use in bad faith pursuant to paragraph 4(b)(iv) of the Policy.
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