The Complainant established its case and the panelist therefore directed the transfer of etro.ca to the Complainant. The registrant (Robert A. Segarra) did not respond to the Complaint. Etro S.p.A. is an Italian corporation that has been active in the fashion industry and registered its ETRO trade-marks in the 1980’s. The Domain Name was being used by a photographer and pointed to his website, www.rasphoto.com/fashion. Given that the Registrant was a photographer and working in the fashion business, the Panelist found it was highly unlikely he would have been unaware of the Complainant’s marks at the time he registered the Domain Name in 2003. This section 3.5(d) analysis will assist rights-holders given the Panelist’s inference that the purpose of the Domain Name registration seemed to be for commercial gain and to drive internet traffic to the www.rasphoto.com website.
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