1. Lack of Standing: Upon a thorough review of the Complainant's UDRP filing and accompanying annexes, no evidence has been provided to establish a formal or legal connection between the Complainant and "Diamond Point B.V.," the registered owner of the 1989 and 2016 figurative trademarks. In the absence of such evidence, there appears to be a significant standing issue. Without demonstrating a clear and direct connection to the trademark owner, the Complainant lacks the requisite standing to bring this UDRP complaint, and it should be dismissed on these grounds.

2. Inapplicability of Figurative Trademarks: The trademarks relied upon by the Complainant, including the 1989 and two 2016 registrations, are all categorized as "figurative" marks, which protect specific graphical representations or logos rather than word elements alone. It is well established in UDRP jurisprudence that figurative trademarks do not confer exclusive rights over the word elements contained within them, especially in disputes involving domain names where no graphical elements are used. Consequently, the Complainant's reliance on these figurative trademarks does not support a claim of confusing similarity with the domain name "diamondpoint.com," and the complaint should be denied on this basis.

3. **Non-Use in Commerce**: DiamondPoint.com has never been used in commerce, negating any bad faith claims. The domain has been passively held since its registration in 2001, with no intent to exploit any trademarks associated with "Diamond Point."

4. **Multiple Legitimate Entities**: "Diamond Point" is used by various legitimate businesses in the U.S. and other countries, unrelated to the complainant. This indicates that no exclusive right to the name exists, making the complainant's attempt to claim the mark overly broad and unfounded. Third-party websites using the "Diamond Point" mark in unrelated industries include:

• DiamondPointAnalysis.com
• DiamondPointBody.com
• DiamondPointCatering.com
• DiamondPointCBD.com
• DiamondPointConstruction.com
• DiamondPointContractors.com
• DiamondPointCustomEngraving.com
• DiamondPointDevelopment.com
• DiamondPointEvent.com
• DiamondPointGlass.com
• DiamondPointHomes.com
• DiamondPointHugo.com
• DiamondPoint.ie
• DiamondPointInc.com
• DiamondPointLife.com
• DiamondPointMetals.com
• DiamondPointMN.com
• DiamondPointNC.com
• DiamondPointNev.com
• DiamondPointOperations.com
• DiamondPoint.org
• DiamondPointRealty.com
• DiamondPointShadows.com
• DiamondPointStorage.com
• DiamondPointWriting.com

5. **Complainant's Nationality and Geographic Focus**: At the time of our 2001 registration, the complainant's presence was limited to the Netherlands. We were unaware of their operations then and even until this UDRP case. Their acquisition of DiamondPoint.net occurred after 2015, long after our legitimate registration.

6. **Laches**: The complainant delayed over two decades after our 2001 registration to file this UDRP case. This delay, known as laches, demonstrates their lack of legitimate interest and precludes any claim of bad faith. They only acquired DiamondPoint.net sometime after 2015.

7. **Genericness/Descriptiveness**: "Diamond point" is a generic term referring to an instrument with a diamond tip, used in various industries, according to the Merriam-Webster Dictionary. Its widespread use makes it inherently generic or descriptive, so passive holding does not infringe the complainant’s trademark rights.