D. Registered and Utilized In Bad Faith. Paragraph b that is 4( for the Policy provides four, non-exclusive, circumstances that
, if discovered by the Panel to be there, will probably be proof of the registration and employ of a domain name in bad faith:
“(i) circumstances showing which you have actually registered or perhaps you have actually obtained the domain name primarily for the intended purpose of selling, leasing, or perhaps moving the website name enrollment into the complainant that is who owns the trademark or service mark or even to a competitor of the complainant, for valuable consideration more than your documented away from pocket expenses directly associated with the domain title; or
(ii) you have got registered the domain name to be able to stop the owner for the trademark or solution mark from showing the mark in a domain that is corresponding, so long as you’ve got involved with a pattern of these conduct; or
(iii) you have got registered the domain name primarily for the intended purpose of disrupting the company of the competitor; or
(iv) utilizing the website name, you have got deliberately tried to attract, for commercial gain, online users to your site or any other on line location, by producing a odds of confusion because of the complainant’s mark regarding the supply, sponsorship, affiliation, or endorsement of the site or location or of an item or service on the internet site or location. ”
The Complainant’s core distribution with this subject is the fact that its TINDER mark is extremely well-known in the area of online dating services so that
The Respondent will need to have known from it and designed to use the confusing similarity between such mark therefore the term “tender” within the disputed website name to attract consumers to its web site, effortlessly a distribution in terms of paragraph 4(b)(iv) regarding the Policy. To the, the Complainant adds its breakthrough associated with the meta data in the Respondent’s internet site which, whilst not like the TINDER mark, target specific of its other trademarks or of their affiliates and reinforce the sense that the Respondent’s overall inspiration had been to look for more traffic from confusion with such trademarks. The Respondent’s instance is basically reliant on its assertion so it selected the definition of “tender singles” as a description of its dating solution and without mention of the Complainant’s TINDER mark.
Allowing for the fact panels have regularly unearthed that the simple enrollment of a domain title this is certainly confusingly comparable (particularly domain names comprising typographical variations) chappy to a famous or trademark that is widely-known an unaffiliated entity can by it self develop a presumption of bad faith (see area 3.1.4 regarding the WIPO Overview 3.0) the Respondent faces one thing of an uphill challenge in the outset of the subject in persuading the Panel of an so-called faith motivation that is good. The 2nd amount of the disputed website name is nearly the same as the Complainant’s mark both alphanumerically and phonetically. It really is confusingly just like the Complainant’s mark on a simple contrast. The Respondent acknowledges that the top-level domain “. Singles” corresponds into the part of trade associated with Complainant and claims become involved in supplying comparable solutions. There is absolutely no explanation to think that the Respondent could have been unacquainted with the Complainant or its liberties into the TINDER mark in the purpose of enrollment of this disputed domain title. As a short observation before looking at the information regarding the Respondent’s submissions, the Panel records that the above mentioned facets on their own part of the way of bad faith enrollment and make use of.
The Respondent contends so it is using the expression “tender singles” for which the “tender” component describes the perfect partner or “single”, noting with its contentions so it is sensible to read through the 2nd and top-level associated with the disputed domain title together. Nonetheless, the Respondent chooses to show the capitalized term “Tender” by itself in a big typeface towards the top of its web site, eschewing for the function the so-called descriptive “tender singles phrase that is. The Complainant effectively contends that this generally seems to look way too like its well-known TINDER trademark for convenience. The Respondent’s solution is merely that this is actually the logo design so it could not fit the chosen phrase “tender singles” on to the landing page of a mobile device that it has adopted and. The Respondent seeks to describe that the logos on numerous web sites do not talk about the top-level associated with domain title, citing and also as examples. This position is unconvincing to the Panel. There’s absolutely no good reason why a logo design could n’t have showcased the complete so-called term that is descriptive vertically if you don’t horizontally, in addition to proven fact that it will not fortifies the impression that the TINDER mark has been targeted. There was a substantive distinction between the example names of domain cited by the Respondent while the domain name that is disputed. The top-level domain in is absolutely required to complete the descriptive phrase on which it seeks to rely in its attempt to distinguish this from the Complainant’s mark on the Respondent’s own admission. Its absence within the prominent logo design at the top of the website landing page, specially offered the capitalization of “Tender”, will not part of the way of a great faith motivation when it comes to enrollment and employ of the domain name that is disputed.
Finally, the Panel turns to your meta tags from the Respondent’s site. Despite having tried to put forward an assurance that its inspiration had been in order to utilize a dictionary phrase unrelated into the TINDER mark, the Respondent is located to possess made utilization of other trademarks into the coding of the site which target the Complainant and its particular affiliates, presumably so as to draw visitors to its internet site. The Respondent simply proposes to eliminate these, arguing that two of them contain typical terms. It provides no description for the existence associated with POF mark. It highlights so it would not utilize the TINDER mark such meta data. The result of this Complainant’s situation but is the fact that the Respondent didn’t should do therefore must be confusingly comparable variation of these mark currently features within the domain that is disputed and it has been marketed actively. The Respondent’s situation will not seem to have answer that is credible this matter as well as in the Panel’s regard this could be the indicator which points many highly in direction of enrollment and make use of in bad faith.
The Panel notes that the Respondent claims to possess invested a great deal of cash on advertising the internet site linked to the domain name that is disputed. This isn’t one thing on its which points in direction of a faith motivation that is good. A significant investment in marketing a web site can neither cure the fact the domain title which tips to it really is confusingly just like a well-known trademark nor does it offer a justification or description for the targeting of relevant alternative party trademarks within the rule of these web site.
In every of those circumstances, the Panel discovers that the Complainant has met the test underneath the 3rd section of the insurance policy and that the disputed website name happens to be registered and it is getting used in bad faith.
E. Reverse Domain Name Hijacking. Because of the Panel’s dedication that the Complainant succeeds on all three aspects of the insurance policy
, the Panel rejects the Respondent’s submission that the issue was brought in bad faith and therefore makes no finding of Reverse website Name Hijacking.
When it comes to foregoing reasons, prior to paragraphs 4(i) of this Policy and 15 of this Rules, the Panel sales that the disputed domain name be utilized in the Complainant.
Andrew D. S. Lothian Sole Panelist Date: Might 11, 2018