The Panel accepts that the Domain Name comprises a term in respect of which the Complainant has registered trade mark rights combined with the ".org" TLD. It is, therefore, satisfied that the Complainant has demonstrated that the Domain Name is at least confusingly similar to a trade mark in which has rights.
Further, the Panel accepts that it is likely that the Respondent was aware of the Complainant's business and marks at the time the Domain Name was registered, given the reputation of the Complainant's business under the COFINOGA name and the fact that the term "Cofinoga" has no obvious meaning other than as a reference to the Complainant. There is no evidence that the Complainant has used the equivalent <.com> domain name, but its ownership of that domain name appears to have been clear at all material times from publicly available WhoIs details for that domain name. This is a factor that also supports the Panel's conclusions as to the Respondent's knowledge.
The Panel also concludes that there is no obvious explanation as to why the Domain Name was registered and held other than in order to take unfair advantage of the Domain Name's association with the Complainant's marks and business. Further, it accepts that the Domain Name has been used since registration for a webpage displaying pay-per-click links associated with the business activities in which the Complainant is engaged.
There is no right or legitimate interest in using a Domain Name to display pay per click links that take advantage of the Complainant's trade marks (see section 2.9 of the WIPO Jurisprudential Overview 3.0). Further, such use is positive evidence that no such right of legitimate interest exists. It is also sufficient for the purposes of bad faith registration and use to demonstrate that a domain name has been registered and held to take unfair advantage of the Domain Name's association with the Complainant's marks and business (see Match.com, LP v. Bill Zag and NWLAWS.ORG, WIPO Case No. D2004-0230). The Panel also accepts that the pay-per-click use made of the Domain Name falls with the scope of paragraph 4(b)(iv) of the Policy.
It follows that the Complainant has made out the requirements of paragraphs 4(a)(ii) and 4(a)(iii) of the Policy.
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