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In the absence of any registered trademark rights as aforesaid, the Complainant must be able to demonstrate common law trademark rights under the Policy.
However, the Respondent asserts that even the Complainant’s claim of “extensive common law trademark rights” is wholly deficient in a number of material and crucial respects, as detailed below: a) Failure to Prove Ownership of Common Law Trademark Rights The Complainant states that the “Complainant has been using the XNXX.
The Respondent claims to have provided a reasonable explanation for his registration of the disputed domain name, establishing a legitimate interest and good faith registration of the disputed domain name. According to the Respondent’s Declaration, he registered the disputed domain name because it was a short, and relatively scarce and valuable, four-letter domain name and potential acronym. who was represented by Randazza Legal Group The domain holder was represented by The Muscovitch Law Firm Here are the arguments made by the domain holder: “”The Respondent first claims to have registered the disputed domain name, , on or about November 29, 2002, and submits what are said to be the earliest available historical Who Is records, showing the Respondent, Murat Yikilmaz, as the recorded registrant, administrative, billing, and technical contact, for the disputed domain name.COM mark since at least 2004”, but the Complainant was only incorporated on December 20, 2012, according to the records.Additionally, the Hong Kong company, VLAB Limited, that is the recorded owner of the USPTO registration (dated, July 9, 2013) as aforesaid, was even itself not incorporated until May 30, 2006, as evidenced by Hong Kong corporate search records, making it impossible for this company to have “been using” the mark since 2004 as alleged.