The Complainant established its case and the Panelist transferred the Domain Name to the Complainant.
The Complainant owns the popular OPTREX trade-mark registered in 1937 in association with eye care products. The Registrant is the notorious cyber-squatter Nameshield Inc. (Daniel Mullen). The Registrant attempted to cloud the issues for the Panel by asserting that the Complainant was not actually the trade-mark owner and that he “cleared the name” for use in LCD display panels, amongst other things. Not surprisingly the Registrant did not provide any support for his arguments. The Panel found that the Domain Name was registered in bad faith because the Domain Name was being used as a pay-per-click site at the time the Complaint was started, and the Registrant has been the subject of numerous UDRP/CDRP disputes and has engaged in a pattern of bad faith.