After the Complainant's attorney spoke with the Respondent s representative by telephone to verify the fax number to which the letter was to be sent, it was mailed and faxed to the Respondent. The Respondent did not respond. The Respondent s representative, Mr. Thompson, is a member of the Complainant, but the Respondent has not sought permission to use and Complainant has not authorized the Respondent to use the Complainant s name and mark. The Complainant says that the Respondent does not have an interest in the subject domain name. It is not being used for any commercial purpose.
Bad faith is said to be evident from a number of facts.
The Respondent knows the concerns of the Complainant, but has neglected to react positively to them. Transfer of the subject domain name was offered for the consideration of a commitment to give business to the Respondent. The related web site is inactive, but it will attract users who will be diverted from the Complainant. The Respondent has asserted no position. These are illustrative and do not represent the only circumstances from which may arise evidence of bad faith.