By not submitting a response, Respondent failed to invoke any circumstance which could demonstrate any rights or legitimate interests in the Domain Name. Respondent's choice of domain name indicates an eagerness to be identified with the well-known IT company. Respondent's domai n name was registered and used in bad faith, and the registration is therefore cancelled. There is no evidence of the elements required to support a finding of bad faith registration by Respondent. Respondent is making a fair use of its domain name and is providing a service to tourists and to the residents of Pueblo, Colorado.
Complainant claim is denied.
Qtrade Canada Inc. Respondent is the bank owned by the family of the registrant. Complainant only filed trademark applications in both countries after almost a year of attempting to purchase the domain name from Respondent. Respondent has made demonstrable preparations to offer bona fide goods or services using the domain name and thus has a legitimate interest in the name. I am reluctantly inclined to agree with the Respondent that if this case does not rise to the level of bad faith and reverse domain name hijacking, it is difficult to imagine a set of facts and circumstances that would. The complaint was brought in bad faith, in an attempt at Reverse Domain Name Hijacking or was brought primarily to harass the domain-name holder, and therefore constitutes an abuse of these administrative proceedings.