Does the Respondent Have Rights or Legitimate Interests in the Domain Name?
The Complainant submits that the Respondent has no rights or legitimate interests in the domain name based on the Complainant’s prior use of the BLOCKBUSTER and BLOCKBUSTER ONLINE marks. The Respondent, whom did not file a Response, did not dispute this contention nor provide information as to its interests to use the domain name. According to Paragraph 4(c) of the Policy, the Respondent may establish its rights or legitimate interests in the domain name, among other circumstances, by showing any of the following elements: “(i) before any notice to you [Respondent] of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or (ii) you [Respondent] (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trade mark or service mark rights; or (iii) you [Respondent] are making a legitimate nonco