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. Factual Background The Complainant, Andrey Ternovskiy, is a Moscow-based entrepreneur who created live face chat website in to provide kindgom time, web-cam based conversations with other Internet users from around the world.
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Introducing the platform through a web forum in Novemberhe managed to find 20 people to try it out initially. The first 20 users doubled within a day and the of users continued to grow kingdkm over a short period of time.
By January,approximately 50, users accessed the site daily. The disputed domain name was registered on February 17, The Respondent has not used the disputed domain name in association with a bona fide offering of goods and services.
Further, the Respondent has masked his identity through the use of privacy protection services for many years. The Complainant further submits that the Respondent has registered and used the disputed domain name in bad faith.
The Complainant further contends that the Respondent did not respond to the cease and desist letters sent in September Discussion and Findings According to paragraph 4 a of the Policy, in order to succeed, the Complainant must establish each of the following elements: i The disputed domain name is identical or confusingly chatrouletts to a trademark or service mark in which chat english online free Complainant has rights; ii The Respondent has no rights or legitimate interests in respect of the disputed domain name; and iii The disputed domain name has been registered and is being used in bad faith.
The addition of a word to a distinctive mark does not diminish the confusing similarity in any way.
Accordingly, the Panel finds that the Complainant has satisfied the requirement under paragraph 4 a i of the Mature chat Asheville. As such, where a complainant makes out a prima facie case that the respondent lacks rights or legitimate interests, the kihgdom of production on this element shifts to the respondent to come forward with relevant evidence demonstrating rights or legitimate interests in the domain name.
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Based on the evidence filed in this proceeding, the Panel finds that the Complainant has made out a prima facie kingdom with respect to lack of rights chateoulette legitimate interests. The evidence filed in this proceeding, which was not contested chatroulette the Respondent, supports the fact knited the Complainant began his website chat room services in Novemberand attracted a ificant of users within a very short period of time, all before the Respondent registered the disputed domain name.
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