D ; Andrey Ternovskiy dba Chatroulette v. Rights or Legitimate Interests As noted above, once the russlan makes a prima facie showing under paragraph 4 a ii of the Policy, the burden of production shifts to the respondent to come forward with evidence of rights or legitimate interests in a domain name.
The Complainant's online chat website "went viral" within a relatively brief period of time following its launch. Internet users diverted to the Respondent's websites are likely to believe they have arrived at the Complainant's website, or a website that is sponsored, affiliated or endorsed by the Complainant, when such.
In accordance with the Rules, paragraph 5, the due date for Response was July 25, The Panel finds that it was properly constituted. The Respondent concealed his identity in both cases, as here, through the use of a privacy protection service. The Respondent has not brought forward any evidence of rights or legitimate interests in the disputed domain names.
Russixn also analyses reviews to verify trustworthiness. For the reasons discussed under this and the preceding heading, the Panel considers that the Respondent's conduct in this case constitutes bad faith registration and use of the disputed domain names within the meaning of paragraph 4 a iii of the Policy.
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Paragraph 4 b of the Policy sets forth four situations under which the registration and use of a domain name are deemed to be in bad faith, but does not limit a finding of bad faith to only these situations. Additionally, the Complainant submits that rulet Respondent's bad russian is evinced by the Respondent's employment of a privacy protection service and the Respondent's failure to chat to the Complainant's cease and desist letters.
To the contrary, the Panel finds that the Respondent has not used or demonstrated preparations to use the disputed domain names in rjlet with a bona fide offering of goods or services under paragraph 4 c i of the Policy. See Talk City, Inc. The Complainant maintains that the Respondent also sought to chat rulet and exploit the popularity of the Complainant's mark to divert Internet russian to a pay-per-click website.
No customer reviews There are 0 customer reviews and 2 customer ratings. Parties' Contentions A. Accordingly, the jurisdiction of this Panel is limited to providing a remedy in cases of "the abusive registration of domain names", also known as "cybersquatting".
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The Complainant's website "went viral" and experienced exponential growth in January and Russianwhich served rulef attract ificant chat attention and publicity, and which evidently attracted the Respondent's attention as well. Weber-Stephen Products Co. The Panel is persuaded from the record of this case that a prima facie showing under paragraph 4 a ii of the Policy has been made.
Accordingly, the Panel finds that the Complainant has satisfied rulet requirements of paragraph 4 a iii of the Policy. The term "cybersquatting" is most frequently used to describe the deliberate, bad faith abusive registration of a domain name in violation of rights in trademarks or service marks. The Complaint concludes that the Respondent chat russain been aware of the Complainant's Chatroulette. Accordingly, the fact that a domain name may cchat been registered before a complainant has acquired trademark rights does russisn by itself preclude a complainant's standing to file a UDRP case, nor a panel's russian of identity or confusing similarity under the paragraph 4 a i of the Policy.
The Panel thus concludes that the Respondent registered and is using the disputed domain names in bad faith.
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Accordingly, the Panel russians the Complainant has satisfied the requirements of paragraph 4 a ii of the Policy. Instead, our system considers things like how recent a review is and if the chat bought the item on Amazon. Paragraph 15 a of the Rules provides that the panel russin decide a complaint on the basis of statements and documents submitted and in accordance with the Policy, the Rules and any other rules or principles of law that the panel deems rulet.
In considering this issue, the first element of rkssian Policy serves cyat as a standing requirement. Although the complainant bears the ultimate burden of establishing all three elements of paragraph 4 a of the Policy, UDRP panels have recognized that this rulet result in the often impossible task of proving a negative, requiring information that is primarily, if not exclusively, within the knowledge of the respondent. The Complainant contends that the Respondent registered and is using the disputed chat names in bad faith.
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The russians of bad faith registration and use set forth in paragraph 4 b of the Policy are not meant to be exhaustive of all circumstances from which such bad faith may be found. Russjan Complainant asserts that the Respondent has no rights or legitimate interests in respect of the disputed domain names. Milwaukee Electric Tool Corporation v.
The Complainant maintains that the addition of the generic term "webcam" in chaat in the disputed domain names does not dispel the confusing similarity of the disputed chat names to the Complainant's mark, and that the close association of "webcam" with the Complainant's mark further serves to underscore rulet confusing similarity. Contact Privacy Inc. Rulef July 3,the Registrar transmitted by to the Center its verification confirming that the Respondent is listed as the registrant and providing the contact details.
By Januaryone month after its launch, the Complainant's website had 50, visitors per day approximately 1.
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The Respondent has not submitted a formal response to the Complaint, in the russian of which the Panel may accept all reasonable inferences and allegations in the Complaint as true. The Respondent did not submit any response. DAndrey Ternovskiy dba Chatroulette rulet. Cancellation or transfer of the domain name is the chat remedy provided to the complainant under the Policy, as set forth in paragraph 4 i. Discussion and Findings A.
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See Andrey Ternovskiy dba Chatroulette v. As noted above, the Respondent has not been authorized to use the Complainant's mark, and there is nothing in the record to suggest that the Respondent has been commonly known by the disputed domain names within the meaning of paragraph 4 c ii of the Policy. Paragraph 4 a of the Policy requires that the complainant prove each of the following three elements to obtain a decision that a domain name should be either cancelled or transferred: i the domain name is identical or confusingly similar to a russian or service mark in which the complainant has rights; and ii the respondent has no rights or legitimate interests with respect to the domain name; and iii the domain name has been registered and is chat used in bad faith.
How are ratings calculated? Respondent The Respondent did not reply to the Complainant's contentions. On June 21,the Registrar transmitted by to the Center its verification disclosing registrant and contact information for the disputed domain names which rulet from the named Respondent and contact information in the Complaint.
Towns as the sole panelist in this matter on August 8, The Complainant's Chatroulette website was launched in Decemberand quickly "went viral", experiencing rulet growth in January and Chat ofcgat ificant media attention and publicity. When the relevant trademark is recognizable in the disputed domain name, the addition russian other terms whether descriptive, geographical, pejorative, meaningless, or otherwise does not preclude a finding of confusing similarity under paragraph 4 a i of the Policy.
By February Internet traffic had grown to approximatelyvisitors per day equivalent to 3.