This is a violation of the bad faith registration and use
provisions of the Policy at paragraph 4(b)(iv): “by using the domain
name, you have intentionally attempted to attract, for commercial gain, Internet
users to your web site or other on-line location, by creating a likelihood of
confusion with the complainant’s mark as to the source, sponsorship, affiliation,
or endorsement of your web site or location or of a product or service on your
web site or location”. (see The Coryn Group, Inc. and Apple Vacations
East, Inc. v. Azra Khan, WIPO Case No. D2003-0655
(October 17, 2003)). The Respondent’s actions may also well be a crime
in the United States of America, but the Panel believes any possible criminal
aspect of the Respondent’s conduct lies beyond the bounds of the UDRP.
...
2005-06-03 - Case Details
This is
a violation of the bad faith registration and use provisions of the Policy at
paragraph 4(b)(iv): ‘by using the domain name, you have intentionally
attempted to attract, for commercial gain, Internet users to your web site or
other on-line location, by creating a likelihood of confusion with the complainant’s
mark as to the source, sponsorship, affiliation, or endorsement of your web
site or location or of a product or service on your web site or location’.
(See The Coryn Group, Inc. and Apple Vacations East, Inc. v. Azra Khan,
WIPO Case No. D2003-0655 (October 17,
2003)). The Respondent’s actions may also well be a crime in the United
States of America, but the Panel believes any possible criminal aspect of the
Respondent’s conduct lies beyond the bounds of the UDRP”. ...
2006-03-31 - Case Details
Therefore, the
Panel accepts the Complainant’s allegations that the word “finter”
is the main part of the Complainant’s marks and that the suffix “serve”
is irrelevant and does not provide any distinctiveness to the domain name of
the Respondent. (See The Coryn Group, Inc., Apple Vacations West, Inc. v.
John A. Meara, WIPO Case No. D2003-0690;
Aventis Pharma SA., Aventis Pharma Deutschland GmbH v. ...
2006-03-21 - Case Details
The Parties
The Complainant is Geert Hofstede, Emeritus Professor, Maastricht University, AN Velp, Netherlands ("the Complainant").
The Respondent is Sigma Two, Apple Valley, California, United States of America ("the Respondent").
2. The Domain Name and Registrar
The disputed domain name ("the Domain Name") is registered with Stargate.com ("the Registrar").
3. ...
2003-10-15 - Case Details
Also in 2014, Complainant
invested USD 100 million in a 10-year initiative to use WATSON and other IBM technologies to help African
countries address development problems. In 2015, Complainant partnered with Apple Inc., Johnson &
Johnson, and Medtronic Plc to develop Watson Health Cloud, a health-based offering that provides insights
on personal health and wellness. ...Respondent also refers to two apps listed on the Apple store that contain “Watson AI” as part of
their title. Respondent claims this further demonstrates the descriptive nature of “Watson” and “ai”.
...
2024-01-16 - Case Details
The word and trademark iMac used by the well known Apple Corporation to define
a range of computers has not only two, the same number of syllables as the Complainant’s
own Imax trademark name, but bears a distinctly greater phonetic and written
similarity than the Respondent’s four and three syllable words.
...The Respondent would like
to ask the Complainant if the Complainant, in the light of the ‘confusing similarity’
between the iMac and the Imax trademarks, is considering a similar suit against
the Apple Corporation, or whether the Respondent is, in the view of the Complainant
to be considered the greater threat according to the ‘confusingly similar’ clause
of this Complaint.
...
2001-03-22 - Case Details
The Tik Tok application has now been
downloaded over 500 million times in Google Play and is ranked number 1 among entertainment
applications in the Apple Store. The Complainant owns multiple trademark registrations in multiple
jurisdictions, including United States trademark registration number 5653614 for TIK TOK, registered on
January 15, 2019, with claims of first use in commerce on May 31, 2017 and August 2, 2018, specifying
goods and services in classes 9, 38, 41 and 42. ...
2022-03-31 - Case Details
Si la société Racines Sàrl fait valoir que le signe RACINE serait peu distinctif parce que constituant une référence au célèbre poète Jean Racine, elle méconnait que ce dernier n’est pas connu pour avoir eu un rapport particulier avec les produits et services revendiqués par les marques du Demandeur, de sorte que ce signe est tout aussi distinctif pour, par exemple, du café que l’est le signe APPLE pour des ordinateurs.
Sur la base des signes en question, il n’y a d’ailleurs aucune raison pour le public visé – soit le large public – de penser que les marques du Demandeur feraient allusion à Jean Racine, le poète, et le nom de domaine litigieux aux racines végétales. ...
2022-03-28 - Case Details
According to the Complainant, its processors marketed under the Trademark are used as the main CPU for
most mobile telephones, including those manufactured by Apple, HTC, Nokia, Sony Ericsson, and Samsung,
in addition to providing the CPUs for many other widely used devices including laptops, tablets, televisions,
and other electronic products.
...
2022-08-30 - Case Details
Factual Background
The Complainant, a United Kingdom-based company, designs and markets worldwide since 1990
sophisticated electronic products, software, and services, and is one of the world’s leaders in the field of
semiconductor chips, its processors being used as the main Central Processing Unit for most mobile
telephones, including those manufactured inter alia by Apple and Samsung.
The Complainant owns a large portfolio of registered trademarks containing the term ARM, including, inter
alia, ARM trademark registrations in various jurisdictions, including inter alia the United Kingdom trademark
No. ...
2022-08-05 - Case Details
As a general principle, a complainant
has “one bite at the apple” and the Complainant could have easily foreseen the defenses as raised by the
Respondent. The Respondent ‘s unsolicited supplemental filing is filed in case the Panel would allow the
first unsolicited filing by the Complainant. ...
2022-09-20 - Case Details
The app is ranked as “#6 in Photo & Video” in the
Apple Store.
The Complainant also maintains a primary website for CapCut at “www.capcut.com”.
The Respondent who is an individual called Sharon Rhodes registered the disputed domain name on August
15, 2021.
...
2022-11-28 - Case Details
The Marktplaats app is ranked
eighth among the top free apps in the “shopping” category of the Apple App Store, and has been
downloaded over ten million times on Google Play.
The Complainant owns several (word and figurative) trademark registrations for MARKTPLAATS. ...
2022-10-27 - Case Details
As a general principle, a
complainant has “one bite at the apple” and the Complainant could have easily foreseen the defenses as
raised by the Respondent. In any event, even if the Panel had considered the Complainant’s supplemental
filing it would not have changed the outcome of this case.
6.2 Substantive Matter
Pursuant to paragraph 4(a) of the Policy, the Complainant must prove each of the following three elements:
(i) the Domain Name is identical or confusingly similar to the trademark or service mark in which the
Complainant has rights;
(ii) the Respondent has no rights or legitimate interests in respect of the Domain Name; and
(iii) the Domain Name has been registered and is being used in bad faith.
...
2022-10-26 - Case Details
Complainant
The Complainant asserts that TikTok was launched outside China in May 2017 and rapidly became the most downloaded app in the United States of America in October 2018 (Annex 6.3 to the Complaint), presently ranked as the #1 app in Entertainment in the Apple Store and #3 app in Social in Amazon (Annex 7 to the Complaint).
The Complainant further asserts that according to SimilarWeb.com, “www.tiktok.com” had a total of 493.03 million visitors, ranking 44th globally and 67th in the United States of America in the 6-month period between April and September 2020, whereas Alexa.com ranks “www.tiktok.com” as 160th most popular site in the world, 103rd in the United States of America and 55th in Mexico, in global Internet traffic and engagement over the 90-day period (July 27 to Oct 26, 2020) (Annex 8 to the Complaint), what leads to TIKTOK being a well recognized and respected brand worldwide.
...
2021-03-09 - Case Details
Complainant has provided evidence that Respondent has registered a substantial number of domain names that incorporate the well-known trademarks of third parties, including the marks of APPLE, EBAY, NORDEA BANK, SUZUKI, as well as names of well-known individuals, including Ariana-Grande. ...
2021-03-18 - Case Details
The BaBe app has been given a 4.7 rating at the Apple Store. On Instagram, the account “BaBe - Baca Berita Indonesia” has over 189,000 followers, and the “BeritaBaBe” Facebook account has 746,999 likes and 755,702 followers.
...
2021-08-16 - Case Details
As regards the disputed domain names: and , it makes no difference if the additional term “apple” is treated as a third party trade mark rather than a descriptive term. That would also be insufficient to avoid a finding of confusing similarity. ...
2021-07-26 - Case Details
Instagram has consistently ranked amongst the top “apps” for mobile devices, and has been the recipient of numerous awards, including “App of the Year” in 2011 from Apple Inc. Currently available in over 31 languages, the Instagram App is the 4th most downloaded application in the world, as per App Annie Top App rankings in 2021.
...
2021-04-22 - Case Details
The Complainant is also the owner of the domain name , which resolves to its main website, and has developed several mobile and tablet applications “ZipRecruiter Job Search”, “Job Search by Zip Recruiter” and “ZipRecruiter Employer” available on Google Play and Apple App Store, which enable users to access the Complainant’s services.
The disputed domain name was registered on September 14, 2021. ...
2022-01-06 - Case Details