It is therefore unnecessary to consider the Further Response otherwise than for the purpose of paragraph 8 but the Panel notes that it contains comprehensive and documented rebuttals of Complainant's further submissions. 5.2 Complaint does not assert ownership of any registered trade marks nor does it expressly assert common law trade mark rights in the domain name. Such assertion is however implicit in its assertion that the domain name and Complainant's trade mark are identical. 5.3 Respondent is an individual. 5.4 Respondent registered the domain name in 1996.
Complainant seeks transfer of the domain name to it.
B. Respondent Respondent has submitted a detailed and documented Response in which he asserts that he has legitimate rights and interests in the domain name and that he did not register, and has not used, the domain name registration in bad faith. Respondent asserts that he notified them of his intention to register it to give them the opportunity to object and absent a reply he proceeded to register it. Respondent asserts that the domain name is appropriate and explains his reason for adopting the name and points to the success of the site in terms of Respondent's business. Respondent employs five full time staff in Cologne, Edinburgh and New York and a further seventeen staff in partnership with another entity in Cologne. It was coined in New York in the early 1980's as a slang term to describe, apparently light-heartedly, upwardly mobile, and somewhat affectatious, Europeans in that city.