I don't agree with the decision but this is the main reason he lost it... imo...
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Had Respondent demonstrated that some or all of these steps occurred prior to its registering the disputed domain name, or even prior to notice from Complainant of its request for transfer, Respondent might have come within the safe harbor of paragraph 4(c)(i) of the Policy.4 Respondent however has submitted no evidence that these or other “demonstrable preparations” preceded notice of the dispute. Such evidence, if it exists, was within Respondent’s control: correspondence with the referenced developers, designers, and lawyers; a business plan; other ventures in the online dating business; earlier use of “I Seek Others”; perhaps even a showing that the phrase “I Seek Others” is commonly used for dating websites.
The objective evidence available to the Panel lends Respondent no support. Quite the contrary, the relevant registrar’s WhoIs database indicates that Respondent registered its three “I SEEK OTHERS” domain names on September 11, 2008, the day immediately after its receipt of the initial email from Complainant’s general counsel, and the same day that Respondent replied to that email.5
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- Rob