The Respondent contends that the Respondent has no legitimate interests in the domain name. The Complainant asserts that the Respondent s registration of the domain name precludes the Complainant from reflecting its mark in the domain name. That the client has since gone out of business. As part of the settlement of their account Respondent assumed ownership of the registration of the domain name. Respondent denies being aware of the LOAN MART identity on services regarding small consumer payday loans.
Respondent claims to be the legitimate owner of the domain name in dispute.
Complainant has expended substantial sums of money in advertising its consumer financial service under said mark. The Respondent has made no bona fide use of the domain name, and has not sold any goods or services under said domain name. Respondent registered the domain name on August 25, 1998. Respondent is a professional developer of web sites and trades in domain names. Had Respondent taken a reasonable efforts to make a trademark search, it would have indicated Complainant s prior use and pending registration with the U.S. Patent and Trademark Office.