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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