Giovanni Rossi Claim Number: FA1010001352722 Complainant is Surecom Corporation NV (“Complainant”), represented by Paul T. The undersigned certifies that he has acted independently and impartially and to the best of his knowledge has no known conflict in serving as Panelist in this proceeding. and that Respondent is the current registrant of the name. has verified that Respondent is bound by the Go Daddy.com, Inc. Complainant alleges that Respondent’s domain name is identical to Complainant’s CAM4 mark because the only difference is the addition of the country-code top-level domain (“cc TLD”) “” The Panel finds that the addition of a cc TLD is irrelevant in distinguishing between a disputed domain name and Complainant’s mark. The Panel finds that in this case, Complainant has presented a sufficient case against Respondent. Therefore, the Panel finds that Respondent does not have rights or legitimate interests pursuant to Policy ¶ 4(c)(i).
Respondent is Giovanni Rossi (“Respondent”), Italy. REGISTRAR AND DISPUTED DOMAIN NAME The domain name at issue is , registered with Go Daddy.com, Inc. Complainant submitted a Complaint to the National Arbitration Forum (the “Forum”) electronically on October 18, 2010; the Forum received a hard copy of the Complaint on October 19, 2010. confirmed by e-mail to the National Arbitration Forum that the domain name is registered with Go Daddy.com, Inc. 19, 2005) (finding that the complainant established common law rights in the STELLAR CALL CENTRES mark because the complainant demonstrated that its mark had acquired secondary meaning). Before the burden to demonstrate evidence of such rights or interests can transfer to Respondent, Policy ¶ 4(a)(ii) requires Complainant to put forth a prima facie case supporting its assertion. 21, 2000) (finding that failing to respond allows a presumption that the complainant’s allegations are true unless clearly contradicted by the evidence); see also Compañia de Radiocomunicaciones Móviles S. There is no evidence in the record to conclude that Respondent owns any service marks or trademarks that reflect the domain name. The Panel therefore concludes that Respondent is not commonly known by the domain name and lacks rights and legitimate interests according to Policy ¶ 4(c)(iii).
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