PARTIES' CONTENTIONS:
COMPLAINANT:
The Complainant contends that, despite the word “watch” in the first domain and the single letter “d” in the second domain, the disputed domain names are confusingly similar to its DANIEL WELLINGTON registered trademark, as they wholly incorporate such trademark (which is recognizable therein). This last element is sufficient to support the finding that the disputed domain names are confusingly similar to the Complainant's trademark. As to the gTLD “.com”, the Complainant suggests that it should be disregarded, as per usual practice.
The Complainant maintains that the Respondent lacks rights or legitimate interests in the disputed domain names, because the Respondent is not known by the disputed domain names, the Complainant is neither affiliated with the Respondent, nor has it ever authorised the Respondent to register its trademark as a domain name, and the Complainant has no business with the Respondent. There is no intention for or proven bona fide offering of goods/services, whatsoever.
According to the Complainant, given the distinctiveness and worldwide reputation of the DANIEL WELLINGTON trademark, the Respondent registered the disputed domain names with full knowledge of the Complainant's trademark in an intentionally designed way, with the aim to create a likelihood of confusion with the Complainant’s trademarks and domain names, and this is evidence of the fact that the disputed domain names were registered in bad faith.
With respect to use in bad faith, the Complainant points out that the Respondent has held passively the disputed domain names as parking websites, and has tried to attract internet users by creating a likelihood of confusion with the Complainant, facts that – in combination with the incorporation of a famous trademark in a domain name – prove use in bad faith.
For all these reasons, the Complainant concludes that the Respondent registered and used the disputed domain names in bad faith.
RESPONDENT:
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.
|