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Archived updates for Monday, January 15, 2007

Knowing Delay Shows Respondent's Legitimate Interest in Domain Name

In The City of San Diego v. NA c/o Dr. Barry Lotz, NAF Claim Number: FA0611000836577, the Respondent has used the contested domain name for years with the knowledge and consent of Complainant, and, for six months, again with Complainant’s knowledge and consent, linked its domain name to Complainant’s website, www.sandiego.gov, for the marketing benefit of both parties.

Panelkist Terry F. Peppard concluded that the Respondent had rights or legitimate interests in thr domain name Paragraph 4(a)(ii) of the Uniform Domain Name Dispute Resolution Policy:
We are particularly persuaded by the lengthy period of existence of Respondent’s
domain without objection from Complainant despite their close association with
the same field of endeavor in the same geographic community, and by the apparent
legitimacy and openness of Respondent’s business operations, particularly during
the latter portion of this period when its domain name was most active.

Accordingly, we cannot conclude that Respondent has no rights or interests within the contemplation of Policy ¶ 4(a)(ii), and Complainant has therefore failed to make out this element of its obligations of proof.
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