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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 Panel takes the view that Mr. The Respondent points out that it has never offered the Domain Names for sale to the Complainants. This is a directory of different service providers and escort related subject. The Panel takes the view on the balance of probabilities that the purpose of the transfer was to put an obstacle in the way of the Complainants. The services provided by the Complainant are provided by way of websites at "www. The Respondent also argues that EROS being descriptive of the services in question is incapable of being sufficiently distinctive to constitute a trademark or service mark in respect of those services.

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As to the transfer, the Respondent states that when it acquired the Domain Names from Mr.

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Marissa. Age: 27.
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The Panel takes the view on the balance of probabilities that the purpose of the transfer was to put an obstacle in the way of the Complainants. The services provided by the Complainant are provided by way of websites at "www. The Complainants state that they have not granted the Respondent any rights to use any of the names or any derivatives of those names. The Complainants assert and the Respondent does not deny that the Complainants have made extensive business use of the name EROS in relation to such services and the Panel is prepared to accept that in the hands of the Complainants, EROS is a common law mark. Furthermore, the Panel doubts that the services provided by the Respondent do not have a commercial benefit for the Respondent in some respect. They claim that the transfer of the Domain Names to the Respondent was not a bona fide transfer and that it was intended to make life difficult for the Complainants, who were at that time in correspondence with the original registrant, Mr.

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