11-18-2023, 03:00 PM
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see you later, I'm gone
Industry Role:
Join Date: Oct 2002
Posts: 14,058
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Quote:
Originally Posted by TurboB
In my opinion, the case was raised due trademark violation. Only then domains are transferred to the complainant.
If the problem were only copyrighted content - domains wouldn't be transferred to CB.
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In this case trademark and illegal activity.
https://www.wipo.int/amc/en/domains/...d2023-3737.pdf
Quote:
C. Registered and Used in Bad Faith
The Panel notes that for the purposes of paragraph 4(a)(iii) of the Policy, paragraph 4(b) of the Policy establishes circumstances, in particular but without limitation, that if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith.
Paragraph 4(b) of the Policy sets out a list of non-exhaustive circumstances that may indicate that a domain name was registered and used in bad faith, but other circumstances may be relevant in assessing whether a respondent’s registration and use of a domain name is in bad faith. WIPO Overview 3.0, section 3.2.1.
Panels have held that the use of a domain name for illegal activity (e.g., the sale of counterfeit goods or illegal pharmaceuticals, phishing, distributing malware, unauthorized account access/hacking, iompersonation/passing off, or other types of fraud) constitutes bad faith. WIPO Overview 3.0, section 3.4.
As discussed in the previous section on rights and legitimate interests, it appears more likely that, through the registration and use of the disputed domain names, the Respondent has engaged in an illegitimate offering of copyright-protected video content originating from the Complainant’s website and belonging to third parties, and this has been dome for financial gain. The Respondent has not submitted a Response and has not denied this conclusion or brought forward any plausible explanation of its conduct.
Having reviewed the record, the Panel therefore finds the Respondent’s registration and use of the disputed domain names constitutes an illegal activity carried out in bad faith under the Policy. Therefore, the Panel finds that the third element of the Policy has been established.
7. Decision
For the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the disputed domain names <recurbate.cc>, <recurbate.com>, and <recurbate.xyz> be transferred to the Complainant.
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