B. Respondent The Panel notes that the Response happens to be ready in a mode that will be referred to as conversational or discursive in general and contains numerous comments,

Findings and rhetorical or questions that are hypothetical. The Panel has endeavored to conclude all this product in to the contentions noted below. A summary, the Panel notes that all of the Respondent’s submissions were considered in their entirety in connection with the present Decision while this is of necessity.

The Respondent requests that the Complaint be rejected. The Respondent asserts it notes is a valid and common word in English that relates and is essential to dating, with that of a hypothetical domain name which removes one letter from a well-known brand thus leaving a meaningless typographical variant that it is not engaged in typo-squatting and contrasts the position of the disputed domain name, which. The Respondent submits that the former is just a faith that is good whilst the latter will probably be in bad faith.

The Respondent notes that the disputed website name really should not be viewed as a typographical variation associated with Complainant’s mark since the replaced letters

“e” and “i” are on other edges of this keyboard in a way that the tips are pressed with various hands. The Respondent adds that typo-squatting only is reasonable when working with a domain that is“.com because browsers will include this domain immediately if just one term is entered or because online users typically add “.com” to virtually any title by muscle mass memory.

The Respondent states it registered multiple “. Singles”, “. Dating”, “. Date”, and comparable domain names into the format “dating related term” dot “dating associated gTLD”, noting that all its commercial websites are about dating and that in this context “singles” is a favorite search keyword. The Respondent notes that the gTLD “. Singles” has a marketplace of internet dating which can be its part of company. The Respondent states that the disputed domain title is comparable to the remainder of their dating domain names not to your Complainant’s TINDER mark, including that there’s a naming pattern and therefore a majority of these had been registered regarding the same time. The Respondent claims because it does not trust the Complainant that it used the thesaurus to create the list but that this is not attached. The Respondent provides in order to make list that is such if it’s just accessed because of the middle.

The Respondent claims so it operates not as much as a dozen sites and submits that the traffic to such web sites outcomes from compensated adverts and coming back users, incorporating it has invested a lot of income for each website over years, perhaps before the Complainant having any web site. The Respondent adds it ever have the Complainant’s mark in mind, nor has the website associated with the disputed domain name shown any attempt to be associated with the Complainant or its TINDER mark that it has never used the word “tinder” as a keyword or in any advertisement content, nor have its advertisements imitated the Complainant’s offering, nor did. The Respondent notes that the people to its web web site see no ads and create no income in it driving traffic to its landing page where there are no advertisements unless they sign up, contending that there would be no point.

The Respondent submits that anybody whose intention was indeed typo-squatting will have used a “tinder” keyword. The Respondent states that unlike the Complainant it doesn’t develop mobile applications, nor does the Respondent rely on the Complainant’s dating concept, noting that its very own concept differs from the others whereby any individual may contact every other without matching. The Respondent states the Complainant’s concept is just a “lookup app” while “tender” is term utilized by people looking longterm relationships.

The Respondent submits that “tender” is a vital term that is popularly found in the dating company since it is probably the most suitable terms both for indigenous and non-native English speakers to spell it out on their own or their perfect partner on internet dating sites beneath the concept of soft, delicate or mild. The Respondent supports this assertion with regards to screenshots from alternative party internet dating sites which it states function substantial utilization of this term in thousands or scores of pages, the goal of that will be for users to explain their individual characteristics. The Respondent adds that a lot of individuals on internet dating sites are seeking a tender single partner and this is the reason certainly one of the Respondent’s internet internet sites is named “Tender Singles” whereby it’s wise to learn the 2nd and top-level associated with disputed website name together.

The Respondent adds that “tender” is a trait that is positive feature of individuals and therefore its market need a good a reaction to this plus asserts that not absolutely all reports in connection with Complainant’s TINDER mark are universally positive so that it will never have attempt to have its web web site mistaken for the Complainant’s solutions. The Respondent submits that the phrase “tinder” isn’t commonly utilized on alternative party sites that are dating, where it’s been utilized, this really is as a misspelling for the term “tender”.

The Respondent claims so it just utilizes the term “Tender” in its logo design as this will be main-stream for the majority of web sites in the place of to create out of the complete website name and therefore this additionally looks better on mobile phones because otherwise the logo design would occupy the entire website landing page.

The Respondent asserts that it’s maybe maybe not lawfully permissible or fair for the Complainant to find to avoid other people from utilizing terms such as “tender”, “dating”, “singles”, “gentle”, “kind”, “cupid”, “love”, “heart”, etc. In dating websites’ names as they terms are linked to dating. The Respondent especially submits that “tender” can not be protected for online dating services as “apple” cannot be protected for offering good fresh fresh fruit.

The Respondent performs hypothetical queries regarding the “Google” search engine and produces the results which it claims can be done when users enter terms such as for instance “tender” into their web browser.

The Respondent says that users wouldn’t normally look for “tender” by itself if in search of the Respondent’s site but also for “tender singles” and likewise would look perhaps maybe not for “tinder” by itself however for “tinder app” or “tinder mobile” while looking for the Complainant’s solutions.

The Respondent asserts that the problem happens to be brought in bad faith due to the fact Complainant have not formerly contacted the Respondent to talk about its issues. Had it done this, the Respondent notes that it could have considered “a feasible modification”, for instance an “even more various font into the logo design” but says it will not achieve this, incorporating that this really is a instance of an industry leader wanting to intimidate a startup.

C. Respondent’s extra submission to Response

The Respondent provides four screenshots from the Bing AdWords account having redacted certain information which it states is unrelated to the matter. The Respondent notes that Bing does not enable the utilization of significantly more than one AdWords account fully for a certain site and that it isn’t feasible to change the real history associated with the account. The Respondent claims that the screenshots reveal all data because of its account as well as a filter when it comes to word “tinder” which it states indicates that such term hasn’t been found in key words or advertisers’ content. The Respondent claims that the screenshot that is final two adverts in “removed” status which it argues demonstrate that it offers constantly utilized both associated with terms “tender” and “singles” into the advertisements.

The Respondent adds that the screenshot suggests that is has invested CHF 34,382.49 on AdWords to promote the disputed domain title and CHF 161,927.98 in total for each of its sites. The Respondent claims that the majority of its traffic arises from taken care of ads. The Respondent suggests so it has invested around 30percent for the typical Swiss IT employee’s salary and asks why it really is considered by the Complainant so it would achieve this for typo-squatting in bad faith if it did not trigger ads when it comes to term “tinder”, particularly as key words aren’t visually noticeable to an individual and therefore its legal and permitted to use the name or model of a competitor in a keyword. The Respondent submits that this shows that the Complainant’s app had not been with its head either when it known as the web site or whenever it labored on its advertising.

D. Complainant’s supplemental filing

The Complainant records that the Respondent has tried to demonstrate so it hasn’t benefitted through the Complainant’s trademark via ad purchases but records that the meta tags on the internet site from the disputed website name have its, or its affiliates’, trademarks MATCH, AN ABUNDANCE OF FISH and POF.

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