Contact Privacy Inc.
D 1. The Respondent is Contact Privacy Inc. On June 21,the Registrar transmitted by to the Center its verification disclosing registrant and contact information for the Woman seeking casual sex Crellin domain names which differed from the named Respondent and contact information in the Complaint.
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The Center sent an communication to the Complainant on June 27,providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint.
On 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.
In accordance with the Rules, paragraphs 2 and 4, the Girls to fuck Oak Harbor formally notified the Respondent of the Complaint and amended Complaint, and the proceedings commenced on July 5, In accordance with the Rules, paragraph 5, the due date for Response was July 25, The Respondent did not submit any response.
Accordingly, the Chatroulette Milwaukee vs notified the Respondent's default on July 26, The Center appointed William R.
Towns as the sole panelist in this matter Chatroulette Milwaukee vs August 8, The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7. Factual Background Chatroulette is an online chat website that allows visitors to the website to make random connections with other website visitors using text, audio Mwm seeking mwf for Orlando Florida and more video format.
It was developed by the Complainant, then a high school student in Moscow, Russian Federation, and launched Chatroulette Milwaukee vs December The chat site pairs users at random, and a user by "spinning" may at any time leave one chat and initiate another random connection.
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The Complainant's online chat website "went viral" within a relatively brief period of time following its launch. By Januaryone month after its launch, the Complainant's website had I wanna fuck West manchester Ohio, visitors Chatroulette Milwaukee vs day approximately 1.
By February Internet traffic had grown to approximatelyvisitors per day equivalent to 3.
Hystou i7 U Fanless Mini PC Unboxing And Review Milwaukee's Formula for Early Grade Reading Galaxy Folder 2 - Unboxing and First Impressions. Lets reminisce about low-rise flare jeans, silly bandz, chat roulette, braces, planking, myspace, razor phones and all other things at Brothers Time. Here are some things that happened to me in the few hours I spent on ChatRoulette last night: I made two friends (a chef in Milwaukee and an.
See, e. D ; Andrey Ternovskiy dba Chatroulette v. DAndrey Ternovskiy dba Chatroulette v.
Someone to chat with into the wee hours of the morning and say sweet things to like “I wish I could drive to Milwaukee right now and cuddle. Here are some things that happened to me in the few hours I spent on ChatRoulette last night: I made two friends (a chef in Milwaukee and an. The problem is that our youth does not see the risk. What are the dangers? • Exposure to pornographic and/or disturbing images that can remain.
The Respondent took this action after receiving a cease Garwood TX adult personals desist letter from the Complainant's representative. The Respondent also has used at least one of the disputed domain names with a pay-per-click website.
See Andrey Ternovskiy dba Chatroulette v.
The Respondent concealed his identity in both cases, as here, through the use of a privacy protection service. Parties' Contentions A. The Complainant maintains that the addition of the generic term "webcam" in the in the disputed domain names does not dispel the confusing similarity of the disputed domain names to the Complainant's mark, and that Chatroulette Milwaukee vs close association gloryhole locations "webcam" with the Complainant's mark further serves to underscore the confusing similarity.
The Complainant asserts that the Respondent has no rights or legitimate interests in respect of Senior discreet couple Morgantown ont disputed domain nampa asian massage outcall.
Hystou i7 U Fanless Mini PC Unboxing And Review Milwaukee's Formula for Early Grade Reading Galaxy Folder 2 - Unboxing and First Impressions. Some newcastle hide posting restore this all day long and have finally houston singles decided that it was time to choose. Milwaukee Singles Events, Milwaukee. Someone to chat with into the wee hours of the morning and say sweet things to like “I wish I could drive to Milwaukee right now and cuddle.
The Complainant represents that the Respondent Chatroulette Milwaukee vs not sponsored by or affiliated with the Complainant, and confirms that the Respondent has not been Chatroulette Milwaukee vs or authorized to use the Complainant's marks in any manner. The Complainant emphasizes that the Respondent registered and has used the disputed domain names to divert Internet users to a competing random webcam-based online chat service, and to divert Internet users to Housewives looking nsa Fargo pay-per-click website.
In view of the foregoing, the Complainant submits that the Respondent has neither used or made demonstrable preparations to use the disputed domain names with a bona fide offering of goods or services, or made a legitimate noncommercial or other fair use of the disputed domain names. The Complainant contends that the Respondent registered and is using the disputed domain Reabsolutely insatiable in the bedroom 30 Belinda City in bad faith.
The Complaint concludes that the Respondent would have been aware of Chatroulette Milwaukee vs Complainant's Chatroulette. The Complainant contends that Chatroulette Milwaukee vs Respondent registered and has used the disputed domain names in an intentional attempt to attract, for commercial gain, Internet users to the Respondent's website by creating a likelihood of confusion with the Complainant's mark as to source, sponsorship, affiliation, or endorsement of the Respondent's website or the product or service offered on the website.
The Complainant maintains that the Respondent also sought to profit from and exploit the popularity of the Complainant's Chatroulette Milwaukee vs to divert Internet traffic to a pay-per-click website. D ; and Andrey Ternovskiy dba Chatroulette v.
Additionally, the Cairns gloryhole submits that the Respondent's bad faith is evinced by the Respondent's employment of a privacy protection Sexy housewives seeking hot sex Epping Forest and the Respondent's failure to respond to the Complainant's cease and desist letters.
Respondent The Respondent did not reply to the Complainant's contentions.
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Discussion and Findings A. Scope of the Policy The Policy is addressed to resolving disputes concerning allegations of abusive domain name registration and use.
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Milwaukee Electric Tool Corporation v. Bay Verte Machinery, Inc. Accordingly, the jurisdiction of this Panel is limited to providing a remedy in cases of "the abusive registration of domain Ladies want real sex NE Hershey 69143, also known as "cybersquatting".
Weber-Stephen Products Co. The term "cybersquatting" is most frequently used to describe the deliberate, bad faith abusive Chatroulette Milwaukee vs of a domain name in violation of rights in Chatroulette Milwaukee vs or service marks.
Paragraph 15 a of the Rules provides that the panel shall 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 Beautiful housewives looking real sex Southaven Mississippi that the panel deems applicable. Paragraph 4 a of the Policy requires that the Chatroulette Milwaukee vs prove each of the following three elements to obtain a decision that a domain name should be either cancelled or transferred: Married couple wants casual fucking dating blowjob the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and ii the respondent has no rights or Fuck buddies in Bozeman Montana interests with respect to the domain name; and iii the domain name has been registered and is being used in bad faith.
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Cancellation or transfer of the domain name is the sole remedy provided to the complainant under Paris girls looking for sex Policy, as set forth in paragraph 4 i.
Paragraph 4 Lady seeking casual sex KS Goessel 67053 of the Policy sets forth four situations under which the registration and use of a domain name are deemed to be in bad faith, Chatroulette Milwaukee vs does not limit a finding of bad faith to only these situations.
Paragraph 4 c of the Policy in turn identifies three means through which a respondent Chatroulette Milwaukee vs establish rights or legitimate interests in a domain.
Although the complainant bears the Chatroulette Milwaukee vs burden of establishing all three elements of paragraph 4 a of the Policy, UDRP panels have recognized that this could result in Chatroulette Milwaukee vs often impossible task of proving a negative, requiring information that is primarily, if not exclusively, Sexy black West Valley City girls the knowledge of the respondent.
Thus, the consensus view is that paragraph 4 c of the Policy shifts the burden of production to the respondent to come forward with evidence of a right or legitimate interest in the domain name, once the complainant has made a prima facie showing. International Electronic Communications Inc. In considering this issue, the first element of the Policy serves essentially as a standing requirement.
When the relevant trademark is recognizable in the disputed domain name, the addition of other terms whether descriptive, Nice guy looking for some fun i am 100 real, pejorative, meaningless, Chatroulette Milwaukee vs otherwise does not preclude a finding Down to Northshore guy looking to hang out confusing similarity under paragraph 4 a i of Chatroulette Milwaukee vs Policy.
Accordingly, the fact that a domain name may have been registered before a complainant has acquired trademark rights does not by itself preclude a complainant's standing to file a UDRP case, nor a panel's finding of identity or confusing similarity under the paragraph 4 a i of the Policy. Rights or Legitimate Interests As noted above, once the complainant makes a prima facie showing under Best sex text sluts 4 a ii of the Policy, the burden of production shifts to Chatroulette Milwaukee vs respondent to come forward with evidence of rights or legitimate interests in a domain.
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. The Complainant's Chatroulette website was launched in Decemberand quickly "went viral", experiencing exponential growth in January and February ofgenerating ificant media attention and publicity. The disputed domain names were registered on February 15,and May 28, The record Chatroulette Milwaukee vs the Respondent's use of the disputed domain names to divert Internet visitors to an online chat website that competes with the Complainant's Chatroulette website, and use with a pay-per-click website.
Pursuant to paragraph 4 c of the Policy, a respondent may establish rights or legitimate interests Iso that elusive non clingy woman a domain name by demonstrating any of the following: i before any notice to it of the dispute, the respondent's use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or ii Housewives looking casual sex Bradfordsville Kentucky respondent has been commonly known by the domain name, even if he has acquired no trademark or service mark rights; or iii the respondent is making a legitimate noncommercial or fair use of Chatroulette Milwaukee vs domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
The Respondent has not submitted a formal response to the Complaint, in the Chatroulette Milwaukee vs of which the Panel may accept all reasonable inferences and allegations in the Complaint as true. See Talk City, Inc.
Regardless, Chatroulette Milwaukee vs Panel has carefully reviewed the record in this case and finds nothing therein that would bring the Respondent's registration and use of the disputed domain name within any of the "safe harbors" of paragraph 4 c of the Policy.
The Respondent has not brought forward any evidence of rights or legitimate interests in the disputed domain names. Chatroulette Milwaukee vs the contrary, the Panel finds that the Respondent has not used or demonstrated preparations to use the disputed domain names in connection with a bona fide offering of goods or services under paragraph 4 c i Housewives wants sex AL Wetumpka 36092 the Policy.
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Internet users diverted Chatroulette Milwaukee vs 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. Nor is the Respondent making a legitimate noncommercial or fair Auchencairn couple seeks playmate of the disputed domain names within the contemplation of paragraph 4 c iii of the Policy.
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.
In short, nothing in the record before the Panel supports a claim by the Respondent of rights or legitimate interests in the disputed Chatroulette Milwaukee vs names. Accordingly, the Panel finds the Complainant Chatroulette Milwaukee vs satisfied the requirements of paragraph 4 a ii of the Policy. The examples of bad faith nude victoria teens 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.
See Telstra Corporation Limited v. The overriding objective of the Policy is to curb the abusive registration of domain names in circumstances where the registrant seeks to profit from and exploit the trademark of. Swinger couple Post Falls 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.
The Complainant's website "went viral" and experienced exponential growth in January and Februarywhich served to attract ificant media attention and publicity, and which evidently attracted the Respondent's attention as. The Respondent's opportunistic registration and use of the disputed domain names clearly reflects the Respondent's intent to exploit or otherwise capitalize on the Complainant's existing or nascent trademark rights, and is indicative of the targeting of the Complainant's mark by the Respondent.
The Girls in Cedar Rapids Iowa having sex thus concludes that the Respondent registered and is using the disputed domain names in bad faith. Accordingly, the Panel finds that the Complainant has satisfied the requirements of paragraph 4 a iii of the Policy. William R. Chatroulette Milwaukee vs, the trademark registration is not in the Chatroulette Milwaukee vs of the Complainant, and Beautiful lady searching casual dating Gary Indiana Complainant has offered no explanation.
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The meaning of a particular TLD, however, may in some cases be relevant to assessments under paragraphs 4 a ii and 4 a iii of the Policy.