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Moreover the Respondent's use of the disputed domain names is a bona fide offering of goods or services, in accordance with paragraph 4 c i of the Policy.
The Respondent denies that it has registered or used the disputed domain names in bad faith. It says that none of the four circumstances indicating bad faith, outlined in paragraph 4 b of the Policy, are present. To prove bad faith it must be shown that the Respondent registered the disputed domain names with the Complainant's trademark in mind.
The Respondent maintains that the Complainant has provided no evidence of such knowledge. It says that the Respondent did not acquire the disputed domain names to prevent the Complainant from reflecting its mark in a corresponding domain name. Neither, says the Respondent, were the disputed domain names registered for the purpose of disrupting the Complainant's business.
The Respondent is not attempting to create confusion with the Complainant's business, as the content to which the Complainant objects is descriptive of how binary option robots operate. The Respondent requests the Panel to make a finding of reverse domain name hijacking against the Complainant.
These elements are discussed in turn below, immediately following a consideration of the differently named Respondents, and the supplemental filings by the Parties. The Complaint and Amended Complaint list differently named Respondents. In spite of this, the remainder of the Complaint is drafted as if the Respondent is a single entity, and the Complainant has made no request to consolidate the Complaint.
The Respondent has indicated that the disputed domain names are, in effect, owned by High Yield Solutions, Inc, and that the individuals listed as registrants do not hold the disputed domain names in their personal capacity. There is no evidence before the Panel to the contrary.
Accordingly, the Panel will treat the named Respondents as a single entity for the purpose of this proceeding. Paragraph 15 of the Rules prescribes that the Panel shall decide a complaint on the basis of the statements made and documents submitted and in accordance with the Policy, the Rules and any principles of law that it deems applicable. As noted above, the Center received further submissions from both parties, which sought to put forward additional facts.
The filings were not requested by the Panel pursuant to paragraph 12 of the Rules. The objective of the Policy and the Rules is to ensure a speedy and inexpensive determination of the relevant issues. Unless a compelling reason is presented, such as new facts relevant to the determination, that requires a response, it would be contrary to the Policy's objectives to invite or allow supplementary pleadings and evidence. Each party is given a single opportunity to present its case.
There must be compelling reasons to invite further contributions. The Respondent's supplemental submission merely sought to provide further facts about other legal tax proceedings which the Panel considers are not necessary for it to make a decision in this case.
The Complainant's supplemental submission sought to rebut what it claimed were false statements in the Response, as well provide additional facts regarding recognition of its purported trademark rights. Under paragraph 4 a i of the Policy, the first issue which the Complainant must establish is that it "has rights" in a trademark. The Complainant provided no evidence of having registered trademark rights. In the alternative, a complaint can proceed where the complainant can demonstrate unregistered trademark rights.
The consensus of prior panels is relevantly set out under paragraph 1. The complainant must show that the name has become a distinctive identifier associated with the complainant or its goods or services. Relevant evidence of such 'secondary meaning' includes length and amount of sales under the trademark, the nature and extent of advertising, consumer surveys and media recognition [ The Complainant provided very little evidence of this kind, and there is little else in the case file to indicate such evidence.
Panels have historically been reluctant to make a finding of unregistered trademark rights unless it is clear on the evidence before the Panel that there has been considerable use made of the trademark at issue. Even accepting the Complainant's Supplemental Filing which merely argue that the Complainant has a Facebook page with "likes", that a Google Trend report shows increased use of "binary option robot" after , and claims of 3, sales by the Complainant, there is clearly inadequate evidence to support a finding of unregistered trademark rights.
In addition, the disputed domain names include a descriptive element. The Complainant itself explained that its business is to automatize online binary option trading. The inclusion of descriptive terms suggests that the disputed domain names are less likely to be distinctively associated with the Complainant. In these circumstances it would be necessary for the Complainant to put forward very persuasive evidence of the extent and scope of its prior use of the trademark in order to successfully demonstrate unregistered trademark rights.
Clearly, it has not done so in this case. One other aspect of the evidence is suggestive that the term "binary option robot" does not have a distinctive association with the Complainant, and has been used by other parties.
Accordingly, the Panel finds that the Complainant has not established that it relevantly has rights in a trademark under the first element of the Policy. Because of the Panel's findings above, it is not necessary to address the other two elements of paragraphs 4 a ii and 4 a iii of the Policy. In conclusion, the Panel notes that if the Complainant were to feel it had a cause of action such as for "passing off" it would not be prevented from seeking redress in the courts. The Respondent has sought a finding of reverse domain name hijacking against the Complainant.
Under paragraph 1 of the Rules, "Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name. The Panel declines to make such a finding. Unknown is Binary Option Robot a Scam? Redwood Options is the top regulated platform currently available for trading binary options online. Expiry Rates; How to Trade; Partners. Binary Option Robot Review.
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