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Complainant alleges that it registered in the United Kingdom the trademark registration DATINGDIRECT. Toney, FA 314347, among others, to evidence Complainant´s trademark and common law rights.
Respondent concludes that to avoid an infringement action on behalf of Dating.com, Complainant did not apply for the registration of its trademarks in the United States of America.
However, since Respondent is an American citizen, Respondent claims that Respondent will not answer any communication from any foreign company.COM covering services of International class 42, granted on May 11, 2000, and applied for the trademark DATING DIRECT, to cover services of International class 45, filed on December 24, 2002. Complainant states that it never authorized or licensed Respondent to use its trademarks.Moreover, Complainant relies on its common law rights, by virtue of the substantial reputation and goodwill that the names DATING DIRECT and DATINGDIRECT. According to Complainant, Respondent clearly used the domain name and Complainant´s trademarks to attract and profit from Internet users seeking Complainant.Respondent asserts that there is no proof of the above, as Respondent is not proceeding in that manner.Respondent underlines one of the annexes enclosed in the Complaint, namely, a printout of a Google search, which displays Complainant’s popularity.
According to Respondent, Respondent’s market is not and was never conceived to be in the United Kingdom, thus, there is no infringement.