Respondent contends that Complainant buried the fact of the existence of the Co-existence Agreement.
Respondent argues that such uses were known, accepted, and condoned by Complainant before it signed the Co-existence Agreement with the prior registrant.
Further, Respondent references the Co-existence Agreement that states, "the word goggle will not be considered as a misspelling of the word google".
Respondent asserts that it purchased and registered the domain names in good faith and on reliance of the Co-existence Agreement.
Respondent maintains that it has not violated the terms of the Co-existence Agreement, and that it has rights in the domain names.
Respondent notes that it is able to conduct the same type of business activity under the disputed domain names because the Co-existence Agreement that Complainant signed contemplated such use by future purchasers.
Respondent states that it purchased the domain names from the original registrant based upon the Co-existence Agreement that was expressly placed within the Purchase and Assignment agreement, and that it has followed the required sections of that agreement.
Further, Respondent submits a letter, which was sent to Complainant before the purchase giving Complainant the right of first refusal as required under the terms of the Co-existence Agreement.
Respondent attaches the Co-existence Agreement (between Complainant and Knowledge Associates, the original registrant) and a Purchase and Assignment Agreement (between the original registrant and a company identified as 1158860 Alberta, Ltd).
Respondent notes that the terms of the Co-existence Agreement were all followed, and that Complainant had the right to purchase the domain names per that agreement and chose to let Respondent register them instead.
Lastly, Respondent states that the very terms of the Co-existence Agreement expressly and specifically contemplated such a future sale of the domain names and permitted such, so long as certain aspects of the agreement were also agreed to by the new purchaser.
