How does bad faith exist when the domain "opnsense.com" was registered a full 8 months prior to the January 2, 2015 OPNsense announcement?
Point in fact, we published nothing. That website was not ours. We pointed the domain at it.
you also are ignoring this bit: ---
However, in contesting the Complainant’s supplemental submissions made by the Complainant to substantiate the asserted use of the trademark before the registration date of the disputed domain name, the Respondent introduces new elements which, in the Panel’s view, are relevant for the assessment of the Respondent’s position in this case and will thus be taken into consideration.
Indeed, in its Supplemental Filing, the Respondent states that a document submitted by the Complainant in its Supplemental Filing (as Annex 17) does not demonstrate the Complainant’s use of the trademark OPNSENSE but provides, instead, evidence of use of a trademark PFSENSE in which the Respondent has rights. The Respondent also informs the Panel that it is the manager of Electric Sheep Fencing LLC, a United States company which owns the United States trademark registration No. 3571276 for the trademark PFSENSE, registered on February 10, 2009 claiming first use as of February 19, 2005, for services in International class 42 relating to technical support services, maintenance and development of computer software; and of the International trademark registration No. 1176766 for the trademark PFSENSE, registered on August 28, 2013, for goods in class 9, including computer security software. The Respondent also states that its company Electric Sheep Fencing LLC has rights in a book referenced on the document submitted by the Complainant entitled “pfsense.org The Definitive Guide to the Open Source Firewall and Router Distribution”.
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OPNsense were using the pfSense mark, and we were taking legal action to stop them.