Rita A. Girondi
The domain name Klickerz.com was registered on on May 25, 2003 by Light Church
The complainant thought that her trademark filed on December 25, 2007 entitled her to the domain but the one member panel disagreed saying in part:
“”Respondent first registered the disputed domain name on May 25, 2003
Therefore, Respondent cannot be said to have engaged in bad faith registration under Policy ¶ 4(a)(iii) where the Respondent’s domain name registration predates the Complainant’s first use of the relevant mark.
The Panel further finds that Respondent has not registered or used the <klickerz.com> domain name in bad faith as it finds that Respondent has not violated any of the factors listed in Policy ¶ 4(b) or engaged in any other conduct that would constitute bad faith registration and use pursuant to Policy ¶ 4(a)(iii).
Even though Complainant has failed to satisfy its burden under the Policy, this does not necessarily render a finding of reverse domain name hijacking on behalf of Complainant in bringing the instant claim. “
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