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Table of contents
- See how your train trip from Brussels Midi South to Kapelle Op Den Bos will look like
- Hoplr - Social network for your neighbourhood
- General conditions
- Find a train from Antwerp to Kapelle-op-den-Bos
- Compare the best train prices from Kapelle-op-den-Bos to Brussels
For completeness it should be mentioned that the Complaint contains a sentence reading "the Complainant does not have complementary information about defendant sic as he failed to reply to the later requests therefore". However, the Panel is unable to assess the significance of those failed requests because the Complainant has provided no details of them.
The Respondent, as a formal organization, was not in existence at the date of registration of the Domain Name. The Respondent asserts that in the middle of , a group of professionals engaged in the field of computer networks decided to set up their own business in Russia under the brand ETERNIT. They selected the name ETERNIT because it was close to the word meaning "Eternity", it was close to "Ethernet" and they also wanted the name to go beyond their professional sphere and in particular they wanted it "to be attune with contemporary French music they love much".
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The Respondent states that in or before August , the group consulted patent agents who cleared the name for them. In November , they through an agent filed the relevant documents with the registrar of companies in St Petersburg for registration of Eternit Limited as a company. They also applied for registration of the trade mark ETERNIT in Classes 9, 35, 38, 41 and 42, the applications being filed on their behalf by a patent agent.
Though the most important is the search for and invitation of business partners to develop business as well as investments. In the website there is not any word relating to construction goods or construction industry".
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The Respondent denies that it has no rights or legitimate interests in respect of the Domain Name. It contends that all the circumstances set out in paragraph 4 c of the Policy apply to this case. The Respondent contends that prior to notification of the Complaint it had made preparations to use the Domain Name in relation to a bona fide offering of services in the area of creation and technical support of Ethernet local networks.
As to the allegation that the Respondent registered the Domain Name with a view to selling it, the Respondent points out that the Domain Name has never been for sale and that the web page to which the Complainant refers does not offer the Domain Name for sale. The Respondent points out that the web page simply invites the interest of investors.
General conditions
While the Respondent does not expressly say in the Response that those telephone calls were made by or on behalf of the Complainant, the inference is that those calls were made by or on behalf of the Complainant. As to bad faith the Respondent says that it has never heard of the Complainant. The Respondent points out that there is no evidence to suggest that the Complainant has a trade mark registration or any reputation or goodwill in Russia.
It is not in dispute that the Domain Name is identical to a trade mark in which the Complainant has rights and the Panel so finds. The timing fits into this scenario and by its own account the Respondent is expert in internet related business.
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The Respondent has sought to answer the Complaint. The Panel has found this a difficult case to resolve and primarily because neither party has done all that it could have done to substantiate its case.
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In cases of this kind, complainants are always in something of a difficulty proving what the respondent had in mind when registering the Domain Name. However, the very least that the Complainant could have done here was to produce support for the proposition that a Russian engaged in the field of internet related matters should necessarily have heard of the Complainant or its trade mark. Use our booking system to get airport transfer for a small price from Kapelle-op-den-Bos to Charles de Gaulle in Roissy.
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