The website is being developed by Respondent as a non-profit music review site where visitors may read reviews of music and post reviews. Respondent provides free e-mail on the website to certain friends and associates and has been doing so for about one year. Complainant initiated contact with Respondent. During the telephone conversation Complainant demanded that Respondent set a sales price for the domain name. Respondent has no interest in selling the domain name and wants to keep the domain name because Respondent is a music enthusiast.
Complainant operates retail stores in Seattle, Washington, under the name Silver Platters.
Respondent does not contest Complainant's asserted rights with respect to the Silver Platters mark. The domain name is identical to the Complainant's mark. Complainant has proved this element. Complainant contends that Respondent is not affiliated with Silver Platters in any way. Respondent has never been commonly known by the domain name.