The predominant element of the trade mark relied upon by the Complainant is the term "Bollore". The Domain Name can most sensibly be read as that trade mark, albeit without an acute accent over the letter "e", combined with the ".cam" new generic Top-Level Domain ("gTLD"). Given this, the trade mark is clearly recognisable in the Domain Name and this is sufficient for a finding of confusing similarity under the Policy. The Complainant has, therefore, satisfied the requirements of paragraph 4(a)(i) of the Policy. The Panel notes that the Complaint contends that the Domain Name and its mark is identical. The Panel disagrees for the reasons set out in Philip Morris USA Inc. v. Marlboro Beverages / Vivek Singh WIPO Case No. D2014-1398. But as is nearly always the case, this is of no practical consequence.
The only evidence before the Panel as to why the Domain Name was registered is the fact that it has been used to display pay per click links. In the absence of any evidence or argument to the contrary, the Panel accepts that this is why the Domain Name was registered and is being held. Further, there is no suggestion that the links displayed relate to any descriptive or generic content of the Domain Name, the Panel also accepts that the Respondent has sought by use of the Domain Name in this manner to take commercial advantage of the reputation of the Respondent's mark. There is no right or legitimate interest in such conduct (see paragraph 2.9 of the WIPO Overview 3.0) and registration and use of a domain name in this manner is registration and use in bad faith, even if the links are automatically generated (see paragraph 3.5 of the WIPO Overview 3.0).
Further and in any event, the Domain Name essentially takes the form <[trade mark].[gTLD]>. Accordingly, even absent the pay-per-click use, the Domain Name inherently, deliberately and impermissible impersonates the Complainant and its mark in manner that provides no right or legitimate interest to the Respondent and involves registration and use in bad faith.
The Complainant has, therefore, satisfied the requirements of paragraph 4(a)(ii) and (iii) of the Policy.
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