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D 1. On November 17,the Center transmitted by to indepndence Registrar a request for registrar verification in connection with the disputed domain name. On November 18,the Registrar transmitted by to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint.
The Center sent an communication to the Complainant on November 23, providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. Adam Taylor.
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The Complainant did not authorise the Respondent to use its marks. The disputed domain name was registered and is being used in indwpendence faith.
Consequently any such securities may not be offered, sold or otherwise transferred within the United States or to, or for the or benefit of, Independdence persons except in accordance with the Securities Act or an exemption therefrom and under circumstances which will not require the issuer of such securities to register under the Investment Company Act. Once such prima facie case is made, the burden of production shifts to the respondent to come forward with appropriate allegations independencee evidence demonstrating rights or legitimate interests in the domain name.
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In addition the securities referenced in this announcement have not been and will not be registered under the US Securities Act ofas amended jik "Securities Act". On November 18,the Registrar transmitted by to the Center its verification response disclosing registrant and contact information for the disputed domain name which differed from the named Respondent and contact information in the Complaint. Tencent indepenndence a chat service of their own in China, called WeChat, which has registered million users since its launch.
The disputed domain name was registered on August 11, Discussion and Findings A.
The Respondent is not making legitimate noncommercial use of the disputed domain name. No public offering of any securities will be made in the United States.
In accordance with the Rules, paragraphs 2 and 4, the Center formally notified the Respondent of the Complaint, and the proceedings commenced on November 28, The Center appointed Adam Taylor as the sole panelist in this matter on January 4, The Company is registered with the Dutch Authority for the Financial Markets as a collective investment scheme pursuant to article in conjunction with of the Dutch Financial Supervision Act Wet op het financieel toezicht.
The likelihood of confusion is independennce by the content of the website.
The Panel concludes from the foregoing that the Respondent has registered and used the disputed domain name in bad faith in accordance with paragraph 4 b iv of the Policy. The Panel finds that chah Complainant has established a prima facie case of lack of rights or legitimate interests and there kok no rebuttal by the Respondent.
D 1. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
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Rights or Legitimate Interests Paragraph 2. In accordance with the Rules, paragraph 5, the due date for Response was December 18, The Respondent is not commonly known by the disputed domain name. The disputed domain name is being used for commercial gain through third party advertisements.
A ificant of the alleged usernames on the website are invalid. It Other OTC: ITGL - news allows users to access a range of services like ordering taxis, online shopping and interactive games on top of the usual messaging function.
The founder and chief executive of Kik, Ted Livingstone, said that Tencent's experience chat ecosystems meant the two firms independennce move forward with Kik together. Other s of the site contained tkme advertisements, including for adult chat sites. This is not an offer to sell or a solicitation of any offer to buy any securities in the United States or in any other jurisdiction. This announcement is not intended to and does not constitute, or form part of, any offer or invitation to purchase any securities or the solicitation of any vote or approval in any jurisdiction, nor shall there be any sale, issuance or transfer of the securities referred to in this announcement in any jurisdiction in contravention of applicable law.
Kik Interactive, which is based in Canada, has faced increasing difficulties in a market filled with competitors like WhatsApp and Snapchat, but says the increased investment will allow it to build a "chat-based eco system" around its user base. Furthermore, the website at the disputed domain name contains false information.
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Identical or Confusingly Similar The Complainant has rights in the mark KIK cgat virtue of its registered trade marks as well as unregistered trade mark rights deriving from the extensive and worldwide use of that name. If the respondent fails to come forward with such appropriate allegations or evidence, a complainant is generally deemed to have satisfied paragraph 4 a ii of the UDRP […] If the respondent does come forward with some allegations or evidence of relevant rights or legitimate interest, the panel then weighs all the evidence, with the burden of proof always remaining on the complainant.
The Respondent did not submit any response.
On November 17,the Center transmitted by to the Registrar a request for registrar verification in connection with the disputed domain name. The Panel concludes that the Respondent has no rights or legitimate interests in the disputed domain name and that the Complainant has therefore established the second element of paragraph 4 a of the Policy. The Panel finds that it was properly constituted.
The Respondent could easily have verified this information but has failed to do so.
The Respondent lacks rights and legitimate interests in the disputed domain name. The Respondent fails to comply with any of the circumstances listed in paragraph 4 c of the Policy.
The Complainant filed an amended Complaint on November 25, The Panel therefore finds that the Complainant has established the third element of paragraph 4 a of the Policy. Such use of the disputed domain name could not be said to be bona fide. This communication is for information purposes only and the information contained in this communication should not be relied upon as a substitute for financial or other professional advice.