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.
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