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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. Complainant is the well-known entertainer Madonna. Based on the Policy and the Rules, we disagree with the view that disputes over material facts should not be decided in these proceedings. The record is incomplete on these negotiations. A threshold question in proceedings under the Policy is to identify the proper standard for reaching a decision on each of these issues. See Brookfield Communications Inc. Here, although Respondent was not the original registrant, the record shows he acquired the registration in bad faith. That purpose is a violation of the Policy, as well as U. On a summary judgment motion, the movant has the burden of showing that there are no disputes of material facts. Respondent has not even attempted to tie in his web site to any dictionary definition of madonna. Complainant asserts that the terms of the transfer include a condition that Madonna Hospital not transfer the domain name registration to Complainant. Nevertheless, the transfer had not taken place at the time this proceeding was commenced. Respondent is in the business of developing web sites. In addition, nude photographs of Madonna have appeared in Penthouse magazine, and Complainant has published a coffee-table book entitled "Sex" featuring sexually explicit photographs and text.

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Description: There may be circumstances due to the inherent limitations of the dispute resolution process or for other reasons where it would be appropriate for a panel to decline to decide a factual dispute. Under Paragraph 4 i of the Policy, we find in favor of the Complainant. Certainly, it is possible for a Respondent to rely on a valid trademark registration to show prior rights under the Policy. Partridge was appointed as presiding panelist. Finally, Respondent claims that Complainant cannot legitimately claim tarnishment because she has already associated herself with sexually explicit creative work. Here, Respondent admits that the Tunisia registration was obtained merely to protect his interests in the domain name. West Coast Entertainment Corp. A threshold question in proceedings under the Policy is to identify the proper standard for reaching a decision on each of these issues. Michael Urvan, Case No. Instead, we reach a decision based on the preponderance of the evidence submitted by the parties on the basic issues under the Policy.
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