PARTIES' CONTENTIONS:
COMPLAINANT:
The Complainant contends that:
1. The disputed domain name is confusingly similar to the Complainant's trademark.
The Complainant contends that the disputed domain name <pacificaassurance.com> is confusingly similar to its trademark "PACIFICA”.
The Complainant further affirms that, as a matter of fact, pacificaassurance.com exactly reproduces the trademark “PACIFICA” with the mere addition of the French generic term “assurance” (“insurance” in English), which is a clear reference to the Complainant’s business activity.
2. The Respondent does not have any rights or legitimate interest in the disputed domain name.
The Complainant contends that the Respondent is not commonly known by the disputed domain name and that the Respondent is not affiliated with or authorized by the Complainant in any way. The Complainant contends that the Respondent has no rights or legitimate interests in respect of the disputed domain name, and is not related to the Complainant’s business in any way. The Complainant does not carry out any activity for, nor has any business dealings with, the Respondent.
3. The disputed domain name has been registered and is being used in bad faith
The Complainant contends that owing to the distinctiveness of the Complainant’s trademark, and the fact that the Respondent combined it with the French term “assurance” – which clearly refers to the Complainant’s business activity – it is reasonable to infer that the Respondent has registered the domain name with full knowledge of the Complainant's trademark.
Furthermore, the disputed domain name resolves to a parking page with commercial links, some referring to the insurance sector.
Finally, the Complainant contends that the Respondent registered the domain name in knowledge of the trademark in order to attract internet users for commercial gain, by creating a likelihood of confusion with the Complainant's trademark as to the source, affiliation, or endorsement of the Respondent's website.
RESPONDENT:
NO ADMINISTRATIVELY COMPLIANT RESPONSE HAS BEEN FILED.
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