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The Respondent is located in Bermuda, Overseas Territory of the United Kingdom.
According to the evidence submitted by the Complainant, the disputed domain names are opening to promotional pages advertising the Respondent’s website development services, containing a link to the Respondent’s own website, has been used for attempted fraud against the Complainant.
The disputed domain names are registered with Tucows Inc. The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on May 11, 2015.
In accordance with the Rules, paragraph 5(a), the due date for Response was June 4, 2015. Accordingly, the Center notified the Respondent’s default on June 5, 2015.Paragraph 4(b) of the Policy sets out four illustrative circumstances which for the purposes of paragraph 4(a)(iii) shall be evidence of registration and use of a domain name in bad faith. The Panel is also aware that this issue is addressed in paragraph 1.2 of the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition (“WIPO Overview 2.0”), which contains the following statement: “The applicable top-level suffix in the domain name (, “.com”) would usually be disregarded under the confusing similarity test (as it is a technical requirement of registration)”.Paragraph 4(c) of the Policy sets out three illustrative circumstances any one of which, if proved by the Respondent, shall be evidence of the Respondent’s rights or legitimate interests in the disputed domain names for the purpose of paragraph 4(a)(ii) above. As regards the other disputed domain names, the only difference with the Complainant’s trademark is the addition of a hyphen and the removal, addition or substitution of a single letter.The mark is protected as a registered trademark in many countries; annexed to the Complaint is a list of several national, international and Community Trade Mark registrations for BARRY CALLEBAUT, filed by the Complainant.The Complainant also owns the domain name were registered between October 2014 and February 2015 (respectively on October 7, 2014; February 25, 2015; November 18, 2014; December 16, 2014; October 7, 2014; December 15, 2014), as shown by the copies of the Registrar’s WHOIS database annexed to the Complaint.