Complainant claims that it owns a significant number of domain names that consist of the EBAY trademark plus the addition of a generic term. Complainant adds that the likelihood of confusion is significant because Respondent offers competitive online trading services at its website. Complainant contends that Respondent has no rights or legitimate interest in the domain name. According to Complainant, Respondent has not used the domain name in connection with a bona fide offering of goods and services because Respondent was on notice as to Complainant s mark before registering the domain name and launching its service. Complainant has not licensed or otherwise permitted Respondent to use the trademark or register any domain name incorporating the mark.
Complainant contends that Respondent has registered and is using the domain name in bad faith.
Again, Complainant asserts that the mark was famous before the disputed domain name was registered and thus Respondent had knowledge or should have had knowledge of the mark. Additionally, Complainant claims that Respondent has intentionally attempted to attract users to its competing site and thereby profits from the EBAY mark. B. Respondent Respondent has not contested the allegations of the Complaint and is in default. Complainant has demonstrated that it has U.S. trademark rights to the name EBAY for multiple classes of goods, including online trading services. EBAY has registered and hosts sites using domain names that include the EBAY mark and a generic term that is descriptive of a specific category of goods.