Legal Notice

A respondent must take steps to prevent confusion by making clear in its use of the domain name that it is not the trademark owner, even if it offers legitimate goods, by accurately disclosing the registrant’s relationship with the trademark owner; i.e. it may not, for example, falsely suggest that it is the trademark owner, or that the website is the official site, or that it is an authorized or exclusive agent;

Further, the Respondent does not use the distinctive characters nor the logo nor the drawing of the “PORSCHE” trademark, but uses a different calligraphic presentation. Therefore, and considering that the websites contain advertisements for used PORSCHE cars, Internet users are not misled to assume that the Respondent’s websites are run by the trademark owner itself, an affiliate or an official sales agent of the Complainant. On the contrary, it is clear that under the Domain Names used Porsche cars are offered for sale by third parties

Summarizing, in this case Complainant has not presented evidence that undermines the bona fides of Respondent’s use: Respondent’s conduct meets all the above mentioned requirements of a bona fide offering. Since the offering of goods and services fulfils the requirements to be bona fide and the Internet users are not misled, it is not of relevance if the websites under the disputed Domain Names are used for a commercial or a noncommercial purpose.