This design has been used in commerce to provide dating services long before the Domain Name was registered
Complainant states that it also offers dating services under other trademarks that are characterized by the fanciful graphic of a heart design with two little horns and a tail (like a “devil”)plainant registered EUTMs in 2010 and 2011 (EUTM Nos. 008560971, 010175073 and 010175578) using this graphic design, and Complainant has submitted evidence of the use of this design logo in different countries (Denmark, France, Spain and the United Kingdom)plainant states that the webpage linked to the Domain Name copies the design of the heart with two little horns and a tail that characterizes Complainant’s dating services.
In view of these circumstances, Complainant contends that Respondent seems to have been inspired by Complainant’s trademarks and copied the dominant element of the CHEEKYLOVERS mark and the design of Complainant’s other EUTMs
This mixture leads consumers to confusion and makes them believe mistakenly that the dating services provided by the website linked to the Domain Name are provided by Complainant.
Complainant asserts that Respondent has no rights or legitimate interests in the Domain Name because (i) Respondent is not a licensee or affiliate of Complainant, nor has Respondent received any permission or consent to use Complainant’s trademark; (ii) Complainant has prior rights in its trademark which predate Respondent’s registration of the Domain Name; and (iii) Respondent is not commonly known by the trademark. In view of these facts, Complainant asserts that Respondent’s use of the Domain Name seems calculated to falsely suggest to Internet users that Complainant is affiliated with Respondent’s website.
The record indicates that Respondent is known as “Linking Lovers Ltd”, a company which was incorporated on plainant states that from the available record, Respondent does not appear to hold any tradee
Complainant notes that paragraph 4(c) of the Policy provides that a respondent may demonstrate rights or legitimate interests in a domain name by establishing that prior to the dispute, it used (or made demonstrable preparations to use) a domain name in connection with a bona fide offering of goods or services.Read More »This design has been used in commerce to provide dating services long before the Domain Name was registered