Complainant s use of the mark has been continuous since October 31, 1997. Complainant filed its trademark application on July 14, 1997. Through the use of its mark in connection with the retail sale of clothing, Complainant has acquired substantial good will throughout the United States. On May 25, 2000,Complainant s representative sent Respondent a letter giving him notice of trademark infringement and demanded that the domain name be transferred to Complainant. Counsel also contended that Respondent s intended use of the mark would be unlikely to cause confusion among consumers since the use of the mark and the intended markets would be different.
Complainant sells clothing for young women.
The Respondent s intended use of the mark is in connection with interactive entertainment which would likely target 15 to 35 year old males. Mr. Young does not, however, believe that he is under any obligation to simply grant it to you for free. Confusingly Similar Respondent contends that he has not used nor intends on using the domain name in a manner likely to cause confusion or to infringe on Complainant s trademark. Furthermore, the question of infringement is not within the scope of this arbitration panel s review. Rights or Legitimate Interests Respondent has rights or legitimate interests in the domain name.