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Recent Case Notes & Commentary

Pattern of Conduct – Preventing Corresponding Domain Name

The disputed domain name was <>, the trademark was ARLA and ARLABENEFITS and the Complainant had registered <>.

As an additional factor to the usual UDRP analysis, the panel found bad faith by the Respondent preventing the trademark owner from registering a mark in a corresponding domain name. The panel said:

“In addition, the Panel notes a pattern of conduct by the Respondent of preventing a trademark holder from reflecting the mark in a corresponding domain name, notably by (but not limited to) registering the <> domain name, which is also strongly indicative of bad faith. See Home Interiors & Gifts, Inc. v. Home Interiors, (WIPO Case No. D2000-0010).

Furthermore, the Panel can discern no legitimate basis for the Respondent’s use of a privacy shield service and considers this fact under the present circumstances as corroborative of bad faith. See Gaylord Entertainment Company v. Nevis Domains LLC, (WIPO Case No. D2006-0523). (emphasis added).

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