News; Acheter New Balance CM 999 BKC Chaussures Homme Noir

Published: mercredi 12 juillet 2017

Complainant further contends that Respondent does not have rights or legitimate interests regarding the disputed domain name because: Respondent has not used the disputed domain name New Balance CM 999 BKC Chaussures Homme Noir in connection with a bona fide offering of goods or services as the domain name could not have been chosen for any reason other than its association with Complainant's trademark; and (ii) the type of activities carried out at the website to which the disputed domain name resolves gives no justification for Respondent's use and registration of the disputed domain name.

Discussion and Findings A. Effect of the Default The consensus view is that respondent's default does not automatically result in a decision in favor of complainant and that complainant must establish each of the three elements required by paragraph of the However, paragraph 14of the Rules provides that, in the absence of exceptional circumstances, a panel shall draw such inferences as it considers appropriate from a failure of a party to comply with a provision or requirement of the Rules. This Panel finds that there are no exceptional circumstances for the failure of Respondent to submit a Response. As a result, the Panel infers that Respondent does not deny the facts asserted and contentions made by Complainant from these facts. Reuters Limited v. Global (London Court of International Arbitration) v. Wellsbuck Corporation, RossSimons, Inc. v. Therefore, asserted facts that are not unreasonable will be taken as true and Respondent will be subject to the inferences that flow naturally from the information provided by Complainant. Reuters Limited v. America, New Balance 999 The Panel will now review each of the three cumulative elements set forth in paragraph 4(a) of the Policy to determine whether Complainant has complied with such requirements.