The Parties
Complainant is ERAM, SA of Montlimart Cedex, France, represented by Casalonga Avocats, France.
Respondent is Vertical Axis Inc. of Christ Church, Barbados, represented by ESQwire.com Law Firm, United States of America.
The Domain Name and Registrar
The disputed domain name <eram.com> is registered with Fabulous.com.
Complainant
Complainant contends that the disputed domain name is identical, or confusingly similar, to its trade mark; that Respondent has no rights or legitimate interests in the disputed domain name; and that it was registered and is being used in bad faith.
Respondent
Respondent contends that the Complaint should be barred on the basis of the doctrine of laches; that Complainant’s trade mark is a common combination of four letters and that there is therefore no evidence that the disputed domain name will cause confusion; that Respondent has a legitimate interest in the disputed domain name constituted by its “entitlement to register domain names incorporating letter combinations to which a Complainant does not have exclusive rights” and that third party use of the term “eram” indicates that Complainant does not have exclusive rights in the term; that a legitimate interest is established by the provision of advertising services under the disputed domain name; that an offer to sell a common letter or generic domain name can constitute a bona fide use where there is no evidence that the registration of the disputed domain name was intended to create confusion with a particular trade mark and that, as Respondent does not operate in Europe, there can be no imputed knowledge of Complainant’s trade mark and therefore of an intention to target it; and that the disputed domain name was not thereby registered, or is being used, in bad faith.
