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Microsoft wins contattimsn.com domain name

Microsoft,the United States-based multinational computer technology corporation that develops, manufactures, licenses, and supports a wide range of software products for computing devices submitted a complaint to the National Arbitration Forum,requesting the domain name contattimsn.com  to be transferred to them.

The respondent in this case is Francesco Pennisi ,who failed to submit a response in this proceeding .
Microsoft said in the complaint that the disputed domain name is confusingly similar to its "MSN" mark .It is well known that Microsoft has registered the "MSN" mark with USPTO ,OHIM and UIBM .
Moreover,the company represented by James F. Struthers ,contended that the respondent registered and used the domain name in bad faith .
"Respondent is using the <contattimsn.com> domain name to host services such as instant messaging, video chat, and online games in direct competition with Complainant.  The Panel infers that Respondent is attempting to disrupt Complainant’s business by directly competing under a confusingly similar domain name.  The Panel finds that this use of the disputed domain name is evidence of bad faith ".
"Additionally, the Panel finds that due to the confusingly similar nature of the disputed domain name and Respondent’s repeated use of Complainant’s logo Internet users are likely to become confused about Complainant association or sponsorship of the resolving website.  The Panel infers that Respondent is attempting to profit from this confusion. "
Because the complainant managed to demonstrate all the elements required  ,the Panel decided the domain name contattimsn.com to be transferred from the respondent to the complainant.

Here is the application .

 

 

 
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