Third, the Respondent registered the Disputed Domain Names at least eight years after the Complainant registered its TAOBAO trademarks. Therefore, it is likely that the Respondent knew about the Respondent’s TAOBAO trademarks when it registered the Disputed Domain Names. The Respondent’s claim of being the official partner of the Taobao Marketplace and the Respondent’s use of the Complainant’s Tao Doll in the Respondent’s websites confirms this assumption. Fourth, it is likely that the Respondent intentionally attempts to attract, for commercial gain, Internet users to its website, by creating a likelihood of confusion with the Complainant’s TAOBAO trademarks on the source, sponsorship, affiliation, or endorsement because it uses its “www.open-taobao.com” and the “www.tao-imagine.com” to divert customers to its Russian Website, which is evidence of bad faith registration and use under the Paragraph 4(b)(iv) of the UDRP. Finally, the Respondent’s registration and use of the Inactive Domain Names is also in bad faith. It is well-established that passive holding of the domain name “does not as such prevent a finding of bad faith. The panel must examine all the circumstances of the case to determine whether the respondent is acting in bad faith. Examples of what may be cumulative circumstances found to be indicative of bad faith include the complainant having a well-known trademark, no response to the complaint having been filed, and the registrant's concealment of its identity. Panels may draw inferences about whether the domain name was used in bad faith given the circumstances surrounding registration, and vice versa.” 15 The circumstances and the Respondent’s pattern of registering domain names reflecting the Complainant’s trademark show that the Respondent had been acting in bad faith. The Panel, therefore, finds that the Complainant established the third element of paragraph 4(a) of the UDRP. 6. Decision Under paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the Disputed Domain Names open-taobao.com; tao-0.com; tao-api.info; tao-imagine.com; taomama.com; tao-sp.org; тао-бао.com (xn----7sbbd7ddw.com); таобао-форум.com (xn---7sbad1dicbsmtj.com); taobao-sp.org be transferred to the Complainant. Olga Zalomiy Sole Panelist Dated: January 12, 2015 15 Paragraph 3.2 of WIPO Overview 2.0. Page 11

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