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Respondent does not have commercial ads under "hit" classification. One looking at information for each of these subsidiaries finds that it deals only with specified products or services for which Respondent or its parent company are the legal and authorized dealer, distributor or agent.
The YAHTco group is well established with excellent business reputation and, as well as its website, are well known in Saudi Arabia. Respondent was honored by winning the digital excellent award in in a widely publicized ceremony. It is not acceptable and nor makes sense that a well established business group like Respondent with high reputation to reserve the Domain Name only for resale profit while paying such high rental cost instead of hosting it at a substantially less cost.
By little searching only, Respondent found several sites names with "waseet" tag to them.
The Domain Name is not identical or confusingly similar to the complainant registered trademarks. So, how can confusion or customers' interception take place with commercial gain? Conclusion Respondent is registered under Saudi law and legally owns the Domain Name and is conducting its business in a legal manner.
Without certification, a Panel may choose not to consider any factual statements, even in the case of pro se parties. Gerberg, FA Nat.
The essence of the complaint is an allegation of bad faith, bad faith targeted at the complainant. For that bad faith to be present, the cybersquatter must have actual knowledge of the existence of the complainant, the trade mark owner. Here, the trademark registrations pled by Complainant are in Lebanon and Respondent appears to be operating only in Saudi Arabia. Nor was Respondent obligated to conduct a trademark search prior to its first use of the Domain Name.
See FormLinc Information v. Song, FA Nat.
In conclusion, the Panel finds that Respondent has made and is making a legitimate, bona fide use of the Domain Name. See Workshop Way, Inc.
ALWASEET COMPUTER SERVICES
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