The Respondent concedes that the subject domain name is identical with the Complainant s registered mark. It is asserted that the Respondent has long used the subject domain name personally and professionally and in connection with German restaurants. Bad faith is not only denied, but the Respondent contends that the Complainant is harassing the Respondent and has done so for several years. The Respondent states an offer was made to transfer the subject domain name to the Complainant for its cost to the Respondent and that this was an act of good faith not bad faith. These are illustrative and do not represent the only circumstances from which may arise evidence of bad faith.
Reference is made to decisions of domestic courts.
It also is important to note that this is not a forum in which ownership of intellectual property rights can be resolved finally. The Respondent concedes that the subject domain name is identical. This fact alone would not give to the Respondent or to Mr. Ambrose a right or legitimate interest in the subject domain name. Although, the use constitutes some prima facie evidence to support the Respondent s position, it is necessary to look at the full context. The Respondent makes no comment on this.