In support of its contention that the disputed domain name was registered and is being used in bad faith, Complainant indicates that:. As evidenced by the records of the U.
Respondent states that at the time of the registration of the disputed domain name March 20, Complainant had not previous right because the only asserted trademark registration No. The remaining registrations issued after the year and are thus irrelevant to this proceeding.
In support of its contention that the disputed domain name was registered and is being used in good faith, Respondent indicates that:.
Respondent points out that he registered the disputed domain name in , i. In this way Respondent appears to argue that, with such delay, he has not used and registered the disputed domain name in bad faith and to invoke the defense of laches.
UDRP panels have generally declined to apply as such the doctrine of laches see , e. D ; Progman Consulting Oy v.
This Panel agrees with these decisions and holds that the defense of laches as such has no application under the Policy. Before examining if the disputed domain name is identical or confusingly similar, the Panel finds important to verify if Complainant is the owner of a valid trademark. Complainant has a valid registration since , which has been renewed on with No.
Accordingly, the Panel finds that the first element under paragraph 4 a i of the Policy is satisfied. There is no evidence that Respondent has any rights or legitimate interests in the disputed domain name, and no right is granted to Respondent in the Italian, nor in the international, community. Accordingly, the Panel finds that the second element under paragraph 4 a ii of the Policy is satisfied.
As stated by Complainant and confirmed by Respondent, the latter has absolutely no trademark, service mark or other intellectual property rights in or to the disputed domain name, or any similar marks or names.
The circumstance that Respondent, in the s, was employed in the food industries, especially the tomato concentrate business, and registered the disputed domain name because he liked the red tomato name and thought he would use it for his food business are completely groundless and no evidence has been adduced. On the other hand, the conduct of Respondent demonstrates that the willingness of the latter is purely speculative. In fact, the registration of the disputed domain name was apparently intended to force Complainant into a business relationship with Respondent. Accordingly, the Panel finds that the third element under paragraph 4 a iii of the Policy is satisfied.
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