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The Complainants assert that the Respondent is connected with the original registrant. The Respondent points to the fact that the applications for EROS have not proceeded to registration and assert that those applications do not give the Complainants any rights at all. The Respondent acknowledges that the Complainants have registered rights to the service mark EROS GUIDE but point to the fact that the specification of goods makes no mention of adult sites or escorts. The Respondent asserts that the reason for this is that the word EROS is unregistrable in relation to such services, it being "a generic name for escort services around the world.

The Respondent says that "the Complainants will be guilty of conspiracy to commit prostitution and possibly could even be charged Eros guide austin RICO Act of Criminal Enterprise. The Respondent then asserts that it has rights or legitimate interests in respect of the Domain Names. It says that the Complainants have no legitimate rights to the word EROS and that everyone has rights to use the word EROS or derivatives of that word in a domain name. The Respondent points out that its company name is Eros International Corporation and that the Domain Names are variants of that name, with the addition of a geographic indicator.

The Respondent concludes this section of the Response in the following terms: Respondent is a running all Respondents websites as non-commercial ventures. All the domain names have been actively developed and used on daily base by visitors and there is no automatic redirection to any other site. Respondent actually run Respondent sites under collective name used on the sites Escorts Online network in order to avoid any confusion with any other website. The Respondent claims that it is using the Domain Names in a non-commercial venture and that it is not a competitor to the Complainants. The Respondent claims that it did not register the Domain Names primarily for the purpose of selling them to the Complainants.

The Respondent points out that it has never offered the Domain Names for sale to the Complainants. As to the transfer, the Respondent states that when it acquired the Domain Names from Mr. The Respondent states that this fact was relayed to the Complainants through Mr. The Respondent contends that the Complainants do not have any names comprising such combinations. The Respondent contends that it is not making any trade mark use of EROS "as the Respondent views the word Eros is generic and generally in meaning and would be like attempting to trade mark the word Sex. General According to paragraph 4 a of the Policy, the Complainants must prove that i The Domain Names are identical or confusingly similar to a trademark or service mark in which the Complainants have rights; and ii The Respondent has no rights or legitimate interest in respect of the Domain Names; and iii The Domain Names have been registered in bad faith and are being used in bad faith.

If the Complaint fails, the Panel has to have regard to paragraph 15 e of the Rules and in particular the following sentence namely: The Respondent disputes that the Complainants can have rights in such a generic term. The fact of the matter, however, is that the service mark registration exists and the specification of services is broad enough to embrace the services of the parties.

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