Thus the mere fact that one offered to settle a matter by the payment of money should not be used as an admission of liability. The only exception to this is where the Respondent can show that it has rights to or legitimate interests in the domain name at issue. 6.9 Respondent has gone to great lengths to show that there exist third parties who may be able to demonstrate that they have rights to or legitimate interests in respect of the domain name at issue. Unfortunately, even if those third parties could make such a showing, it would be of no aid to Respondent under the Policy. The examples which follow all deal with actions taken by or relate to the status of the Respondent.
None deals with third parties.
The fact that some third party may be able to successfully defend against a complaint had that third party registered the domain name at issue, even if true, does not avail Respondent. Decision For all of the foregoing reasons, the Panel decides that the domain name registered by Respondent is identical to the service mark in which the Complainant has rights, that the Respondent has no rights to or legitimate interests in respect of the domain name at issue, and that the Respondent's domain name has been registered and is being used in bad faith.