Still, too close and no reverse hijacking.
“The Panel notes that the Respondent’s use of the Website to host various sponsored links can constitute a bona fide offering of services capable of giving rise to rights or legitimate interests for the purposes of the Policy, particularly where the Disputed Domain Name is used in a descriptive (and not trade mark) sense, to describe the sponsored links hosted”
“Given the wide meaning of the word “libertad” (“freedom”) and the consequent versatility of its application, the Panel finds it difficult to accept any argument that the Disputed Domain Name is not descriptive of the various sponsored links hosted on the Website, particularly in the context of employment, which is the subject matter to which numerous links on the Website relate.”
“The Panel also notes the absence of any evidence of use of the Disputed Domain Name or the Website in a trade mark sense, given that the Website content appears, at least as at the date of this decision, to be automatically generated (with different sponsored links appearing with each refreshed view of the Website) rather than predetermined by the Respondent.”
“The Panel accordingly finds that the Complainant has not satisfied paragraph 4(a)(ii) of the Policy in respect of the Disputed Domain Name.”
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