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The Domain Name is confusingly similar to the trademarks of the Complainant. It is established case law under the Regulations that when comparing a mark to a domain name, the Top-Level Domain.
This means that the Domain Name is nearly identical or at least highly similar to the trademarks of the Complainant.
The Domain Name is directed to a so-called sex dating website, which shows explicit erotic material and is detrimental to the distinctiveness and the reputation of the Complainant. The Respondent has no rights or legitimate interests in the Domain Name. The Respondent does not appear in the Benelux Trademark Register and the Complainant has not licensed or otherwise permitted the Respondent to register the Domain Name. It is clear that the Domain Name is not held by the Respondent for a bona fide offering of goods or services.
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Obviously, the only purpose of this inclusion was to increase the likelihood that Internet users will make use of the services offered by the Respondent, by exploiting the confusion of the public. Therefore, the Domain Name has been registered and is being used in bad faith. Considering the fact that the trademarks of the Complainant were already well known in the Netherlands at the moment of registration the Respondent knew, or should have known, that the registration and the use of the Domain Name would constitute bad faith.
Not only the registration, but also the use of the Domain Name constitutes bad faith.
Discussion and Findings The fact that the Respondent did not file a response, does not mean that the requested remedy should automatically be awarded. Please ignore all other buttons on this page and now close the registration page. In case you have not followed the instructions carefully you will end up in a loop. The Library can help you out manually, but this action to repair the error may take some time.
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