MasterCard,a multinational corporation,submitted a complaint with the WIPO Arbitration and Mediation Center,requesting the domain name mastercard-brasil.com to be transferred from the respondent to the complainant.
The corporation has registered trade mark rights in the " Mastercard" mark.Therefore,the complainant,represented by Pattishall McAuliffe contended in the complaint that the domain name is confusingly similar to its trademark.
Moreover,they contended that the respondent,MasterCard Brasil of Sunnyvale registered and used the domain name in bad faith.
"Respondent registered and used the Domain Name in a manner that was intended to divert Internet users looking for Complainant and deceive such users into divulging private information for Respondent’s commercial gain. Respondent’ use of the Domain Name in this manner would likely have continued in the absence of Complainant’s takedown request and the Registrar’s action to disable and lock the Domain Name. Bad faith has been found to exist even in the absence of active use of a domain name, where it is inconceivable that a respondent could have a legitimate use."
Becuse the respondent failed to submit a response in this proceeding and because the complainant managed to demonstrate all the elements required ,the Panel decided the disputed domain name to be transferred from the respondent to the complainant.
You can read the decision here .
Mastercard wins mastercard-brasil.com domain name in Arbitration
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