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Elena Sadkovaya. Barker and David E. The Panel finds that it was properly constituted. Each member of the Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. In Augustthe Respondent acquired the Domain Name and the website to which it was then connected.
The letter went on to threaten adultmatchmaker comau proceedings if a settlement proposal offered by the Complainant was not accepted. The correspondence ended with what appears to have been a complete breakdown of the relationship between the Complainant and Mr.
The Complainant contends therefore that the Domain Name adultmatchmaker comau identical adultmatchmaker comau its common law trade mark, Adult Match Maker, adultmatchmaker comau that the Respondent has no rights or legitimate interests in respect of the Domain Name none of the circumstances set out in paragraph 4 c of the Policy being applicable and that the Respondent acquired and is using the Domain Name in bad faith within the meaning of sub-paragraphs 4 b iii and iv of the Policy.
She says that she regarded the Domain Name simply as a generic term covering the service she intended to provide and that until she was approached by Mr. Doubinski she had never heard of the Complainant or its service. She understood Mr. Doubinski to be an authorized affiliate of the Complainant and adultmatchmaker comau with him on that basis. In so contending she claims to have rights and legitimate interests in respect of the Domain Name and denies that she acquired the Domain Name with the bad faith adultmatchmaker comau ascribed to her by the Complainant.
She also denies that the Complainant can have any trade mark or service mark rights in respect of a name as descriptive as Adult Match Maker. The Respondent claims that the Complainant is guilty of reverse domain name hijacking on the basis that when it filed the Complaint online for teens should have known that it could not prove that the Domain Name was registered in bad faith.
According to paragraph 4 a of the Policy, click to see more this Complaint to succeed in relation to the Domain Name, the Complainant must prove that. If the Complaint fails, the Panel has to have regard to paragraph 15 e of the Rules and in particular the following sentence namely:.
While the Panel has some sympathy with the Respondent in this regard, descriptive names are capable of acquiring secondary meaning and for the purposes of this decision the Panel is satisfied on the evidence put forward by the Complainant that in Australia it has common law rights in respect of its trading name. In other words Adult Match Maker is a trade mark or service mark in which the Complainant has rights.
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However, this is not an issue click at this page which the Panel needs to come adultmatchmaker comau a decision in light of its finding under the next heading.
For the Complainant to succeed in this Complaint, the Complainant needs to establish, as it contends, that when the Respondent acquired the Domain Name she did so with knowledge of the Complainant and its adult match-making services.
The Respondent states categorically that until she was approached by Mr. There is nothing before the Panel to suggest that the Respondent is not telling the truth. The value of the Domain Name as a name to connect to an online dating service website was clearly appreciated by adultmatchmaker comau owners of the Domain Name a matter of years before the Complainant started trading in It was first registered in and on the evidence of the Respondent was in use by a predecessor of the Respondent in The Complainant has failed to establish to the satisfaction of the Panel that the Domain Name was registered or acquired or is being used in bad faith.
The correspondence between the Complainant and both Mr. Doubinski and the Respondent demonstrates beyond doubt that, however misconceived the Complaint might have been, the Complainant launched this proceeding genuinely believing that the Complaint was entitled to succeed.
The Panel does not believe that the Complainant acted in bad faith.
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