- On March 22, 2012, the Complainants filed an amended Complaint which, based upon the information provided by the Registrar, named “Carolina Rodrigues, FCS Holdings Corp” as the Respondent. In addition, the Panel draws an adverse inference from the Respondent’s failure to provide any explanation or rationale for the use of the disputed domain name. In the circumstances, the Panel need not consider whether any of Policy paragraphs 4(b)(i), (ii) or (iii) are applicable, or whether there are other grounds for finding that the Respondent registered and is using the disputed domain name in bad faith.- The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”). The Panel also finds that the Respondent’s use of the disputed domain name results in commercial gain to the Respondent. Accordingly, the Panel finds that the Respondent registered and is using the disputed domain name in bad faith.- LEE COOPER has been used since 1908 in association with denim clothes and other clothing and fashion wares. - The Complainants are registered owners of various trademark registrations in many countries for the word mark LEE COOPER for use in association with various classes of clothing and other goods, including United States Trademark Registration No.
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- On March 14, 2012, the Center transmitted by email to the Registrar a request for registrar verification in connection with the disputed domain name. In the circumstances of this case, however, the Respondent’s use of the disputed domain name is not bona fide within the meaning of Policy paragraph 4(c)(i) because: (a) the disputed domain name is confusingly similar to the Complainants’ registered LEE COOPER trademark, which is specific to the Complainants in connection with denim clothes and other clothing and fashion wares and has been used for decades in many countries; (b) there is no apparent connection or relationship between the disputed domain name and the Respondent’s name or business; and (c) the Respondent does not use the disputed domain name to advertise or sell the Respondent’s own wares or services, but to provide links to third-party commercial websites offering products in competition to the Complainants’ products. There is no direct evidence that the Respondent knew of the Complainants or the LEE COOPER trademark, or intended to use the disputed domain name to confuse and divert Internet users.
According to information and documents provided to the Panel by the WIPO Arbitration and Mediation Center (the “Center”), the procedural history of this proceeding is as follows: - The Complaint was filed with the Center on March 14, 2012. In some circumstances, a website providing search results or links to other websites might constitute a bona fide offering of goods or services. Policy paragraph 4(b)(iv) applies if the Complainants establish that the Respondent registered and is using the disputed domain name to confuse and divert Internet traffic to the Respondent’s website for commercial gain.
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The complainant Doserno Trading Limited is in the process of assigning its rights in the LEE COOPER trademark to the complainant Red Diamond Holdings Sàrl in various relevant jurisdictions, but as of the date the Complaint was filed the assignment had not been finalized in all relevant jurisdictions.