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D 1. On November 17,the Center transmitted by to the Registrar a request for registrar verification in connection with the disputed domain name. On November 18,the Registrar transmitted by to the Center its verification response disclosing registrant and contact information for the sex chat tijuana domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an communication to the Complainant on November 23, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint.
D 1. On November 17,the Center transmitted by to the Registrar a request for registrar verification in connection with the disputed domain name.
On November 18,the Registrar transmitted by to gay feet chat Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. The Center sent an communication to the Complainant on November 23, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint.
The Complainant filed an amended Complaint on November 25, In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on November 28, In accordance with the Rules, paragraph 5, the due date for Response was December 18, The Respondent did not submit any response. The Center appointed Adam Taylor as the sole panelist in this matter on January 4, The Panel finds gay feet chat it was properly constituted.
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. The disputed domain name was registered on August 11, The site invited visitors to find the usernames of people to talk to on Kik and to list their own usernames.
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Other s of lesbian chatroom site contained sponsored advertisements, including for adult chat sites. The placement of the mark at the start of the disputed domain name implies that it is associated with the Complainant. The remainder of the disputed domain name is purely descriptive.
The likelihood of confusion is compounded by the content of the website. The Respondent lacks rights and legitimate interests infependence the disputed domain name.
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The Complainant did not authorise the Respondent to use its marks. The Respondent fails to comply with any of the circumstances listed in paragraph 4 c of the Policy. Furthermore, the website at the disputed domain name contains false information. A ificant of the alleged usernames on the website are invalid.
The Respondent could easily have verified this information but has failed to do so. The Respondent is not ti,e known by the disputed domain name.
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The Respondent is not making legitimate noncommercial use of the disputed domain name. The disputed domain name was registered and is being used in bad faith. The disputed domain kik chat sex was registered well after the Complainant started using chaat marks.
The disputed domain name is being used for commercial gain through third party advertisements. Discussion and Findings A. Identical or Confusingly Similar The Complainant has rights in the mark KIK by virtue of its registered trade marks as well as unregistered trade mark rights kij from the extensive and worldwide use of that name.
Rights or Legitimate Interests Paragraph 2. Therefore a complainant is required to make out a prima facie case chaf the respondent lacks rights or legitimate interests.
Once such prima facie case is made, the burden of production shifts to the respondent to come forward with appropriate allegations or evidence demonstrating rights or legitimate interests mobile adult chat rooms the domain name. If the respondent fails to omelga chat forward with such appropriate allegations or evidence, a complainant is generally deemed to have satisfied paragraph 4 a ii of the UDRP […] If the respondent does come forward with some allegations or evidence of relevant rights or legitimate interest, the panel then weighs all the evidence, with the burden of proof always remaining on the complainant.
Such use of the disputed domain name could not be said to be bona fide. To american bully breeders in everett otherwise would mean that a Respondent could rely on intentional infringement to demonstrate a legitimate interest, an interpretation that is obviously contrary to the intent of the Policy. The Panel finds that the Complainant has established a prima facie case of lack of rights or legitimate interests and there is no rebuttal by the Respondent.
The Panel concludes that the Respondent has no rights or legitimate interests in the disputed domain name and free trial singles phone chat the Complainant has therefore established the second element of paragraph 4 a of the Policy. The Panel concludes from the foregoing that the Respondent has registered and used the disputed domain name in bad faith in accordance with paragraph 4 b iv of the Policy.
The Panel therefore finds that the Complainant has established the third element of paragraph 4 a of the Policy. Adam Taylor.