Registrar's current policy ,set out in its 5.0 Service Agreement, is the Policy. Complainant asserts that Respondent does not have a legitimate interest in respect of the domain name. Complainant asserts that the Respondent has not been using the domain name in connection with the bona fide offering of goods or services and that the domain name is not being used as an active address. Complainant refers to the correspondence between Complainant and Respondent requesting the transfer of the domain name and cites Respondent's failure to resolve the domain name to a web-site as an indication of Respondent's lack of legitimate reason for having registered the name. Complainant points out that mere registration of a domain name is not sufficient to establish rights or legitimate interests and cites National Arbitration Forum Case FA94427 State Farm Mutual Automobile Insurance Co. v. Bulldog Inc .
Complainant asserts registration and use of the domain name in bad faith.
Complainant categorises Respondent's failure to establish a web-site as passive holding of the domain name. Glen Sober Mgmt , Case AF-0092. B. Respondent Respondent asserts that the domain name is not identical or confusingly similar to Complainant's trade mark. In support, Complainant contends that its adoption of the domain name preceded Complainant's adoption of the trade mark. Respondent asserts legitimate rights and interest in the domain name.