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D. Registered and Utilized In Bad Faith. Paragraph b that is 4( regarding the Policy provides four, non-exclusive, circumstances that

August 10, 2020

D. Registered and Utilized In Bad Faith. Paragraph b that is 4( regarding the Policy provides four, non-exclusive, circumstances that

, if discovered by the Panel to show up, will be proof of the enrollment and make use of of a website name in bad faith:

“(i) circumstances showing you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out of pocket costs directly related to the domain name; or that you have registered or

(ii) you have got registered the website name to be able to avoid the owner associated with the trademark or service mark from showing the mark in a corresponding website name, provided you have got involved with a pattern of these conduct; or

(iii) you have got registered the website name primarily for the intended purpose of disrupting the business enterprise of a competitor; or

(iv) utilizing the domain title, you have got intentionally tried to attract, for commercial gain, internet surfers to your internet website or other on the web location, by producing an odds of confusion aided by the complainant’s mark regarding the source, sponsorship, affiliation, or recommendation of the site or location or of something or solution in your web site or location. ”

The Complainant’s core distribution with this subject is the fact that its TINDER mark is extremely well-known in the area of online dating services so that

The Respondent will need to have known from it and designed to use the similarity that is confusing such mark plus the term “tender” into the disputed domain title to attract customers to its site, efficiently a distribution with regards to of paragraph 4(b)(iv) of this Policy. (more…)