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On June 30,the Center transmitted to the Registrar, by email, a request for registrar verification in connection with the disputed domain name. On July 1,the Registrar transmitted to the Center, by email, its verification response confirming that the Equipment trader online texas is listed as the registrant and providing the contact details.

In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint and that the proceeding commenced on July 8, In accordance with the Rules, paragraph 5, the due date for Response was set to July 28, The Respondent did not submit any response.

Accordingly, on July 29,the Center notified the parties of the Respondent's default. The Center appointed Peter L. Michaelson as the sole panelist in this matter on August 3, The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.

The Complainant has provided, in Exhibit D to the Complaint, a copy of its United States registration certificates for this mark, the details of which are:. This mark is registered for use in connection with: The registration indicates that both first use of the mark in conjunction with these goods and first equipment trader online texas in commerce commenced as of May equipment trader online texas, Thus, these additional registrations are irrelevant and will be ignored hereinafter.

The magazine contained classified advertising for automobiles and equipment trader online texas about goods and services related to automotive vehicles. In light of the success which the Equipment trader online texas quickly equipment trader online texas with its "Auto Trader" magazine, it equipment trader online texas expanded its magazine offering to include additional nationally distributed magazines directed to other vehicle- and equipment-related goods and services, with each magazine having as its mark a different vehicle-related term, indicative of the name of the goods and services to which that particular magazine was directed, followed by the term "trader", including "equipment trader", "heavy equipment trader", and "equipmenttraderonline.

The Respondent, which operates under the name Linxworks Solutions, LLC, uses the disputed domain name to divert Internet users to its equipment trader online texas website at "www. A copy of the home page of the Respondent's website appears in Exhibit H to the Complaint.

Through an e-mail dated April 20,the Complainant wrote to the Respondent concerning the disputed domain name. By its responding e-mail dated May 3, a copy of which appears in Exhibit I to the Complaintthe Respondent stated it would need an additional week to consider the matter. Since then, the Complainant received no further communication from the Respondent. The Complainant contends that the Respondent has no rights or legitimate interests in the disputed domain name pursuant to paragraphs 4 a ii and 4 c of the Policy.

Further, the Respondent is not commonly known by the name "Equipment Trader" and has not conducted any business under that name.

Such a use, which relies on exploiting user confusion between the name and the Complainant's mark is also not a bona fide offering equipment trader online texas goods or services. Furthermore, such a use, which is purely commercial in nature, is neither a legitimate noncommercial or fair use of the disputed domain name without intent for commercial gain.

Consequently, the Respondent fails to satisfy any of specific paragraph 4 c i - iii of the Policy, and thus has no rights or legitimate interests in the disputed domain name under paragraphs 4 a ii and 4 c of the Policy.

The Complainant also contends that the Respondent has registered and is using the disputed domain name in bad faith in violation of paragraph 4 a iii equipment trader online texas the Policy. The Respondent then deliberately used the name to opportunistically exploit the Complainant's mark and its reputation for the Respondent's own pecuniary gain.

It accomplished that latter by using the name as a means to intentionally divert Internet users, who sought out the Complainant's website, to the Respondent's own website instead. There, the Respondent offered essentially the same goods equipment trader online texas services through its own website which the Complainant did through both its own site and its "Heavy Equipment Trader" magazine, thereby diverting potential sales away from the Complainant and, in turn, injuring its business.

The Complainant also contends that the lack of any substantive response by the Respondent to equipment trader online texas Complainant's communication of April 20, further reflects bad faith. In view of the lack of a Response filed by the Respondent as required equipment trader online texas paragraph 5 of the Rules, this proceeding has proceeded by way of default.

Hence, under paragraphs 5 f14 a and 15 a of the Equipment trader online texas, the Panel is directed to decide this administrative proceeding on the basis of the Complainant's undisputed factual allegations which are not inherently implausible. The name consists of the mark from which the generic word "heavy" has been equipment trader online texas to yield the term "equipmenttrader" to which the generic Top-Level Domain "gTLD" ".

The addition of the gTLD is irrelevant in this case in assessing confusing similarity or identity under paragraph 4 a i of the Policy and thus ignored. It equipment trader online texas now very well-established in UDRP precedent, including numerous decisions previously rendered by this Panel, that a minor variation to a mark is usually insufficient in and of itself, when used in forming a domain name that results from modifying the mark, to confer requisite and sufficient distinctiveness to that name to avoid user confusion.

D ; Cummins Inc. D ; Forideas Pty Limited v. D ; AlgaeCal Inc. D ; National Westminster Bank plc v. D ; Tommy Bahama Group, Inc. D ; National Association of Realtors v. D ; Oakley, Inc. D ; Burberry Limited v.

D ; Krispy Kreme Doughnuts, Inc. D ; MasterCard International Incorporated v. D ; Marvel Manufacturing Company Inc. D ; MySpace, Inc. D ; BlackRock, Inc. Hoffmann-La Roche AG v. D ; National Football League v. D ; Associated Bank Corp. D ; Gerber Childrenswear Inc.

D ; The Cheesecake Factory Inc. D ; Napster, Inc. D ; Caesars Entertainment, Inc. D ; Lockheed Martin Corporation v. D ; National Collegiate Athletic Association v. Therefore, the Panel finds that the disputed domain name is confusingly similar to the Complainant's mark. Hence, the Complainant has satisfied its equipment trader online texas under paragraph 4 a i of the Policy. Based on the evidence of record here, the Panel finds that no basis exists which would appear to legitimize a claim of rights or legitimate interests by the Respondent to the disputed domain name under paragraph 4 c of the Policy.

This use, which exploits confusion of Internet viewers to divert business to the Respondent and away from the Equipment trader online texas to its financial detriment, is not a bona fide offering of goods or services under paragraph 4 c i of the Policy. The record before the Panel is simply devoid of any evidence equipment trader online texas proves that the Respondent actually acquired any recognition in the marketplace to become commonly known by the disputed domain name or a name similar to it.

This is so in light of the Complainant's exclusive trademark rights which predate by some 11 years the date, April 15,when the Respondent registered equipment trader online texas disputed domain name. D ; and Chicago Mercantile Exchange Inc. Buy MeissenForideas Pty Limited v. Movember Organization, and National Westminster Bank plc v. Steve Martequipment trader online texasall supra. As such, the Respondent could not likely become commonly known by the disputed domain name or the Complainant's mark for any of the goods which are either identical or sufficiently similar to those listed on the Complainant's trademark registration or with which the Complainant uses its mark without infringing on the exclusive trademark rights of the Complainant.

Hence, the Respondent does not equipment trader online texas within paragraph 4 c ii of the Policy. Lastly, the Respondent's use of the disputed domain equipment trader online texas clearly does not constitute either a noncommercial or fair use under paragraph 4 c iii of the Policy.

As such, based on the evidence presently before the Panel, the Equipment trader online texas does not fall within any of the circumstances listed in paragraph 4 c equipment trader online texas - iii of the Policy. Also, there is simply no evidence that the Respondent has acquired, through any other means, any rights or legitimate interests in the disputed domain name.

Accordingly, the Panel concludes that the Respondent has no rights or legitimate interests in the disputed domain name within paragraph 4 a ii of the Policy. The Panel finds on balance that the Respondent's actions, with respect to the disputed domain name, constitute bad faith registration and use.

Yet, in spite of that knowledge and in the absence of any authority to do so from the Complainant, the Respondent intentionally chose and registered the disputed domain name for its potential to cause confusion with that mark.

In that regard, the Respondent very likely believed that Internet users, who sought the Complainant's website and were familiar with the Complainant's mark would be confused, upon entering the name into their browsers, by the similarity between the name and the mark, and consequently assume that a relationship of some sort exists, possibly a sponsorship, affiliation or endorsement of the Respondent's website by the Complainant, when, in fact, no such relationship exists at all.

To actually exploit that confusion, the Respondent deliberately uses the name to redirect Internet traffic to its own website through which it offers goods and services that are essentially identical to those currently offered by the Complainant both through its "Heavy Equipment Trader" magazine and its website.

Doing so likely diverts Internet traffic away from the Complainant's website, for which that traffic was otherwise destined, to the Respondent's website instead and consequently deprives the Complainant of resulting business, that would have arisen from that traffic, to its ultimate financial detriment.

This conduct is a clear violation of paragraph 4 b iv of the Policy. Thus, the Panel concludes that the Complainant has provided sufficient proof of its allegations, with respect to the disputed domain name, to establish a case under paragraph 4 a of the Policy upon which the relief it now seeks can be granted.

Accordingly, under paragraphs 4 i of the Policy and 15 of the Rules, the Panel grants the relief sought by the Complainant. The Complainant has provided, in Exhibit D to the Complaint, a copy of its United States registration certificates for this mark, the details of which are: January 19, ; filed: June 11, This mark is registered for use in connection with: The Parties' Activities 1.

Respondent In view equipment trader online texas the lack of a Response filed by the Respondent as required under paragraph 5 of the Rules, this equipment trader online texas has proceeded by way of default. Discussion and Findings A. Rights or Legitimate Interests Based on the evidence of record here, the Panel finds that no basis exists which would appear to legitimize a claim of rights or legitimate interests by the Respondent to the disputed domain name under paragraph 4 c of the Policy.

Registered and Used in Bad Faith The Panel finds on balance that the Respondent's actions, with respect to the disputed domain name, constitute bad faith registration and use.

Equipment trader online texas addition, the Panel again notes that the Respondent did not submit a response in this case. Decision Accordingly, under paragraphs 4 i of the Policy and 15 of the Rules, the Panel grants the relief sought by the Complainant. Michaelson Sole Panelist Date:

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