D of January 23, Please enter a valid postcode. It is indeed clear that registration and use of the domain name were done intentionally to gain unlawful advantages by the illicit exploitation of Playboy's fame. Please enter a number less than or equal to 1. The following is taken from the Complaint and has not been contested by Respondent. Reference can be made to several similar findings in other UDRP cases, including those mentioned by the Complainant.
See Playboy Enterprises International, Inc. All circumstances above indicate the existence of a bad faith registration and use which continues and is evident in the Respondent's present conduct. The Infringing Website, prior to December , predominantly advertised a link to "playboy-photographer. The Respondent further admits that his abusive behavior is intended to create a situation in which Playboy would be forced to offer valuable consideration well in excess of the registration costs to acquire the domain name or seek relief via arbitration or litigation. After receiving the item, cancel the purchase within Return postage 30 days Buyer pays return postage Take a look at our Returning an item help page for more details. Paragraph 4 b sets out, by way of example, the kind of evidence that may be put forward. Find out more about your rights as a buyer - opens in a new window or tab and exceptions - opens in a new window or tab. Postage cost can't be calculated. Reference can be made to several similar findings in other UDRP cases, including those mentioned by the Complainant. Seller assumes all responsibility for this listing. It is clear from the evidence, and in particular from the e-mail from the Respondent quoted above in Paragraph 4, that the domain name was registered not only with the knowledge of the rights of the Complainant, but also with the clear intent to harass and otherwise harm the Complainant. Please enter up to 7 characters for the postcode Postage and packaging. An on-line search made among Italian as well as International registrations extended to Italy and into Community trademarks, did not disclose the Respondent owning any trademark registration or application for the domain name. In the present case there can be no doubt that the contested domain name has been registered and used in bad faith. Please enter a valid postcode. Respondent has no Legitimate Interest in the Domain Name There is no evidence that the Respondent has ever been known by the domain name, nor does the domain name reflect the Respondent or its business name. Bad Faith Paragraph 4 a iii of the Policy further provides that the Complainant must prove registration and use of the domain name in bad faith. Las Vegas Sands, Inc. Further, the Respondent admitted that it registered the name to pester Playboy and to force Playboy to resort to costly arbitration or litigation if they did not pay undisclosed excessive fees for the domain name. It is indeed clear that registration and use of the domain name were done intentionally to gain unlawful advantages by the illicit exploitation of Playboy's fame. The following is taken from the Complaint and has not been contested by Respondent. Respondent As mentioned above in section 3, the Respondent has not filed a formal Response in accordance with the Rules, Paragraph 5. Under these circumstances the domain name must be considered to be confusingly similar to the trademark in which the Complainant has rights. Discussion and Findings According to Paragraph 15 a of the Rules, the Panel shall decide a Complaint in accordance with the Policy, the Rules and any rules and principles of law that it deems applicable. The Panel therefore concludes that the Complainant has proved that the Respondent was acting in bad faith pursuant to Paragraph 4 a iii of the Policy.
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