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| classifieds, phil collins, rita hayworth, graphics, over 50 sex , fun stuff, flash games, milf moms , over 50 years of age , peoplescreensavers, pics, statistics, judy garland, | used in bad faith. A. Identical or Confusingly Similar (1) Complainant’s Rights The Complainant star is an internationally famous actor and producer with a significant reputation and goodwill in the name PIERCE BROSNAN for entertainment services. Accordingly, the Complainant has demonstrated rights in the unregistered trademark PIERCE BROSNAN. (2) Identical or confusing similarity The Domain Name is identical to the star Complainant’s PIERCE BROSNAN mark, save for the ".com" generic top-level domain which does star not serve to distinguish the Domain Name from the Complainant’s trademark. The Domain Name is virtually identical and confusingly similar to the Complainant’s trademark. B. Rights or Legitimate Interests The Respondent has not filed a Response to the Complaint and so has not made any representations concerning any rights or a legitimate interest in the Domain Name. |
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| Big Dog Holding Inc. v Frank Day NAF Case No. FA93554 (March 9, 2000). (13) Even if Respondent had not used the Domain Name to divert Internet users to an active website, rita hayworth his actions still would constitute registration and use in bad faith. Respondent must have expected that any use of the Domain Name would cause harm to the Complainant. The rita hayworth Domain Name is so obviously indicative of the Complainant’s services as an actor and producer that the Respondent’s use of the Domain Name would inevitably lead to confusion rita hayworth of some sort. (14) Finally, Respondent has refused to respond to the Complainant’s cease and desist letter. Respondent’s deliberate silence is further evidence of his bad faith use of this Domain Name. B. Respondent The Respondent did not reply to the Complainant’s contentions. 6. Discussion and Findings According to paragraph 4(a) of the Policy, the Complainant must prove that: (i) 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 legitimate interests in respect of the Domain Name; and (iii) The Domain Name has been registered and is being |
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