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- 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.
- In accordance with Rules paragraph 5(a), the due date for the Respondent to submit a Response was April 12, 2012. - On April 13, 2012, the Center notified the parties that the Respondent was in default because the Respondent failed to submit a Response, and that the proceeding would continue with a single-member Administrative Panel. - On April 20, 2012, the Center appointed Bradley Freedman as the sole panelist in this proceeding.
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All the chatrooms, including private messages, are intended for those considered to be an adult (which specifically means ages 18 and older).The Complainants are Doserno Trading Limited of Nicosia, Cyprus and Red Diamond Holdings Sàrl of Senningerberg, Luxembourg, represented by Office Ernest T. - On March 19, 2012, the Center sent an email communication to the Complainants providing the registrant name and contact information disclosed by the Registrar, and inviting the Complainants to submit an amendment to the Complaint. The Panel finds that the Respondent knew of the Complainants’ LEE COOPER trademark, and registered and is using the disputed domain name to confuse and divert Internet traffic to the Respondent’s website, based upon the following circumstances: (a) the Complainants’ LEE COOPER trademark is specific to the Complainants in connection with denim clothes and other clothing products and related wares, and has been used for over 100 years in many countries; (b) the disputed domain name is comprised of the Complainants’ LEE COOPER trademark with one letter “o” deleted; (c) there is no apparent connection or relationship between the disputed domain name and the Respondent or the Respondent’s business, wares or services; (d) the Respondent uses the disputed domain name for a website that provides sponsored links to third-party commercial websites offering products in competition to the Complainants; (e) there is no apparent legitimate justification for the Respondent’s registration and use of the disputed domain name; and (f) the Respondent has not denied knowledge of the Complainants or the LEE COOPER trademark. The Panel finds, pursuant to Policy paragraph 4(b)(iv), that the Respondent registered and is using the disputed domain name in bad faith to confuse and divert Internet users to the Respondent’s website for commercial gain.