This Panel deems that the mere fact of knowingly incorporating a third-partys tradee constitutes registration in bad faith [xiii]

(2) Respondent has registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the e, provided that Respondent has engaged in a pattern of such conduct; or

The obligations set forth in Paragraph 2 of the Policy apply when registering the domain name as well as when renewing it, since the Policy is meant to be fulfilled while the domain name remains registered

(4) By using the domain name, Respondent has intentionally attempted to attract, for commercial gain, Internet users to his/her website or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of his/her website or location or of a product or service on his/her website or location.

See Aktiebolaget Electrolux v. Jorgeariel Figueroa Rodrguez, WIPO Case No. D2011-1311, where the panel found: The selection of this word is certainly not a random decision; the Panel finds that it is a consequence of Respondents prior knowledge of the mark. This fact, by itself, is registration in bad faith in the Panels opinion.

Moreover, since Complainants tradees it is reasonable to conclude that many Internet users would suppose that the websites to which the disputed domain names resolve have a connection with the Complainant [xiv] . This disrupts Complainants business, especially since Respondent used the same colors as Complainants trademarks, included Complainants trademarks in the resolving websites and offers access to private accounts on Complainants app. Thus, the unauthorized use of Complainants look-and-feel amounts to bad faith registration and use. In fact, Respondent takes advantage of the services provided by Complainant.

Hence, Respondent has registered is mixxxer legit the domain names for the purpose of disrupting the business of a competitor and it is indicative of bad faith registration and use pursuant to Policy 4(a)(iii).

Furthermore, Respondent is profiting from its use of the tradees by attracting Internet users to the resolving website. Respondent has created confusion as to Complainants affiliation or sponsorship of the disputed domain names and websites in order to distribute adult content. This is indicative of bad faith under Policy 4(b)(iv) [xv] .

A threshold issue is identifying the relevant time period to consider in evaluating Respondents rights and legitimate interests, and whether his conduct constituted bad faith. Paragraph 2 of the Policy addresses this issue it provides that by applying to register a domain name, or by asking to maintain or renew a domain name registration, a Registrant represents and warrants that (a) the statements Registrant made in the Registration Agreement are complete and accurate; (b) to Registrants knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) Registrant is not registering the domain name for an unlawful purpose; and (d) Registrant will not knowingly use the domain name in violation of any applicable laws or regulations. It is Registrants responsibility to determine whether the domain name registration infringes or violates someone elses rights.

This representation and warranty is not limited to the moment at which the registrant registers the domain name; rather, it extends to any use of the domain name in the future

The panel in Octogen Pharmacal Co., Inc. v. Domains By Proxy, Inc. / Rich Sanders and Octogen e-Solutions, explains Paragraph 2 of the Policy, as follows:

As this Panel sees it, this provision not only imposes a duty on the part of the registrant to conduct an investigation at the time of registration, but also includes a representation and warranty by the registrant that it will not now or in the future use the domain name in violation of any laws or regulations. This effectively imposes on the registrant a continuing duty to ensure that the domain name is not used in violation of anothers rights and clearly covers intellectual property rights and the laws protecting them, including copyright and trademark. This obligation is an integral part of the Policy, and it cannot be ignored. A party can register or acquire a domain name in good faith, yet use the domain name in the future in such a way that the representations and warranties that the registrant made as of the time of registration are violated. If a party uses the domain name in the future so as to call into question the partys compliance with the partys representations and warranties, this may be deemed to be retroactive bad faith registration.

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