The Complainant established its case and the Panelist transferred the Domain Name to the Complainant.
The Complainant is ESET, spol s.r.o. The Registrant is Data Integration Systems Co. c/o Michael Mahmood. The Complainant uses the ESET trade-mark in association with its home security solutions computer software since at least May 2000. The Domain Name was registered in November, 2000 and there was a dispute as to whether the Registrant or Complainant registered the domain at this time. The Complainant alleges its subsidiary registered the domain, but forgot to renew it. The Registrant argued that that it registered the Domain Name on behalf of a company that did not satisfy the Canadian Presence Requirements (presumably the Complainant’s subsidiary). Regardless, the Registrant attempted to sell the Domain Name to the Complainant for $6,500.00 - $11,000.00, which was found to be in bad faith. The panelist also found that the Registrant had no legitimate interest in the Domain Name because it was being used for the purpose of ensuing financial gain only.
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