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However, Respondent has failed to provide a reasonable explanation for the selection of Madonna as a domain name. Although the word "Madonna" has an ordinary dictionary meaning not associated with Complainant, nothing in the record supports a conclusion that Respondent adopted and used the term "Madonna" in good faith based on its ordinary dictionary meaning. Accordingly, we find that Complainant has satisfied the requirements of Paragraph 4 c i of the Policy. The fact that others could demonstrate a legitimate right or interest in the domain name does nothing to demonstrate that Respondent has such right or interest. Russell Boyd, Case No.

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Here, although Respondent was not the original registrant, the record shows he acquired the registration in bad faith. Finally, Respondent claims that Complainant cannot legitimately claim tarnishment because she has already associated herself with sexually explicit creative work. Instead, we reach a decision based on the preponderance of the evidence submitted by the parties on the basic issues under the Policy. See Brookfield Communications Inc. Third, Respondent claims that its offer to transfer the domain name to the Madonna Hospital in Lincoln, Nebraska, is a legitimate noncommercial use under Paragraph 4 c iii of the Policy.

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That certainly was not the situation at the time this dispute arose and is not the situation now. The Policy requires a showing of bad faith registration and use. Under Paragraph 4 i of the Policy, we find in favor of the Complainant. The statement that "madonna" is a word in the English language, by itself, is no more of a defense than would be the similar statement made in reference to the word "coke".

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Description: Russell Boyd, Case No. We find at a minimum that it does not evidence a legitimate interest in the disputed name under the circumstances of this case. Nevertheless, the transfer had not taken place at the time this proceeding was commenced. A Tunisian trademark registration is issued upon application without any substantive examination. Respondent, however, claims that Complainant cannot show a lack of legitimate interest in the domain name because Respondent a made demonstrable preparation to use the domain name for a bona fide business purpose. b holds a bona fide trademark in the word MADONNA. and c has attempted to make bona fide noncommercial use of the name by donating it to the Madonna Rehabilitation Hospital. First, Respondent contends that its use of the domain name for an adult entertainment web site involved prior use of the domain name in connection with a bona fide offering of goods or services. Based on the Policy and the Rules, we disagree with the view that disputes over material facts should not be decided in these proceedings.
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