Given trademark and Domain Name are identical, the issue of confusing similarity need not be considered. The Respondent is using the Domain Name to poach Internet users from the Complainant and to profit from the goodwill in the Complainant’s marks and website. The purpose behind the registration appears to have been to attract Internet users to the Respondent’s website using a domain name identical (or confusingly similar) to the Complainant’s CHATURBATE trademark. The Panel thus finds that the Domain Name is identical to the CHATURBATE trademark for the purposes of the Policy and thus the requirement of paragraph 4(a)(i) has been established. Accordingly, the Panel finds that, for the purposes of the Policy, there is evidence of both registration and use of the Domain Name in bad faith. A respondent can show it has rights to or legitimate interests in a domain name in various ways even where, as is the case here, it is not licensed by or affiliated with a complainant. The Respondent’s failure to reply to the Complainant’s cease and desist letter only goes to support the contention that the Respondent lacks rights or legitimate interests in the Domain Name. The Respondent has listed the Domain Name for sale at a price of USD 11,819, attempting to intentionally profit from the goodwill the Complainant has established in the CHATURBATE mark, but also with the ability to damage that goodwill.
The Respondent registered the Domain Name because it knew of the Complainant and the goodwill associated with its CHATURBATE mark and hoped to profit from it. There is no evidence before this Panel that the Respondent has rights or legitimate interests in the Domain Name. By the time of registration of the Domain Name, the Complainant had been using its mark for over five years (having acquired registered rights over four years before registration of the Domain Name). After registering the Domain Name, the Respondent “parked” it for a period of time with the Registrar. “I’ve been having a really hard time to come up with the amount of money I need to,” she said. If you have some money or attention-grabbing automobile, it’s really useful to find a girl in your space. In addition to hot girls, you can also find hot studs and trannies. If you like to find adult sites like Chaturbate in order to have live cam to cam to cam nude sessions with hot girls on webcam, you won’t want to miss out on this platform. Customers also can “tip” a model by giving out some tokens to the model, often in alternate for specific sexy requests similar to asking the model to “flash” her breasts or strip.
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