For example, on an internal page, there is a direct reference to GATEWAY brand computers: “Save On Top Name Desktops. Gateway, HP, Apple and More.” Moreover, in addition to such actual knowledge, Respondent had constructive notice of Complainant’s trademark rights in its GATEWAY trademarks by virtue of Complainant’s prior registrations in Great Britain.
...
2008-03-18 - Case Details
See Gateway Inc. v. Bellgr, Inc., Case No. D2000-0129; Apple Computer, Inc. v. Domain-House.com, Inc., Case No. D2000-0341; Burlington Coat Factory Warehouse Corporation v. ...
2001-01-15 - Case Details
Although a generic term might be used in a fanciful way and thereby acquire a distinctive trademark character in a limited and specific non-generic sense (e.g., "Apple" for computers), Complainant is claiming service mark rights in a term used in its generic sense. ...
2003-07-31 - Case Details
Forum LLC, National Arbitration Forum (NAF) Case No. FA473209 (APPLE
VACATIONS), Sotheby’s v. Forum LLC, NAF Case No. FA409449 (SOTHEBY’S);
Woodfield Licensing Corp. v. ...
2005-10-17 - Case Details
Factors a panel should look for when determining legitimate use would include the status and fame of the mark, whether the respondent has registered other generic names, and what the domain name is used for (a respondent is likely to have a right to a domain name “apple” if it uses it for a site for apples but not if the site is aimed at selling computers or pornography). …
However: If a respondent is using a generic word to describe his product/business or to profit from the generic value of the word without intending to take advantage of complainant’s rights in that word, then it has a legitimate interest.”
...
2008-06-23 - Case Details
Previous panel decisions
have indicated that such registration establishes a presumption of validity
in U.S. trademark law. (The Coryn Group, Inc., Apple Vacations West, Inc.
v. John A. Meara aka Pat Cavanaugh, WIPO
Case No. D2003-0690.) The Respondent has not submitted any evidence to rebut
these presumptions of validity.
...
2005-08-31 - 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). The Respondent’s actions may also well be a
crime,” but the Panel believes any possible criminal aspect of the Respondent’s
conduct lies beyond the bounds of the UDRP”. ...
2006-01-18 - Case Details
The Panel in essence gave Respondent another bite at the apple, only again to have Respondent ignore completely the opportunity provided to it. The Panel believes that it is not unreasonable to expect Respondent to makes its case in some form if not in Response to the original Complaint then at least pursuant to the Order of March 31, 2008 rather than to remain silent in view of Complainant’s allegations. ...
2008-04-29 - Case Details
Screen captures from Complainant’s main website, available at the domain
name , and screen captures from Complainant’s mobile application, taken from the Apple
app Store and the Google Play stores confirm these activity levels. Complainant’s official
“www.instagram.com” website is currently ranked as the twenty-first most visited website in the world
(according to the information company Alexa) and the second most downloaded app globally (according to
Forbes magazine).
...
2022-03-28 - Case Details
According to the Complaint, many of the links on the website are not functional.
So far as searches of Google and Apple Maps disclose, there is no town or city named Kiev in Turkey. Kiev Turkey is, however, a gourmet meal or dish.
5. ...
2022-02-22 - Case Details
It is also available on television applications for Roku, Amazon Fire, Google TV and Apple TV.
The Complainant provides evidence showing that all top results of a Google search for “nfhs network” relate
to the Complainant’s network. ...
2022-07-21 - Case Details
These trademarks were all
registered for relevant goods in International Class 29 in 1993, except for the Canadian registration which
was registered in 1999 in respect of goods in International Classes 3, 5 and 30 also;
(b) A second version of the trademark featuring PONTHIER with a device of a partial apple and a green
“flag” or parallelogram and a strap line “Le Mellieur du Fruit”. The strap line is in very much smaller type than
PONTHIER. ...
2022-08-05 - Case Details
These trademarks have no meaning in any language and are
generally known by the public in Luxembourg to refer to the Complainant and (so far as S-NET is concerned)
its digital banking services, in particular its mobile banking application found on Apple Store and Google
Play.
Since 2016, the Complainant has also owned the domain name , and uses it with the sub-domain
“bcee” so as to form the URL: “bcee.snet.lu” (through which the Complainant’s mobile banking services are
also accessible).
...
2022-07-01 - Case Details
The
Complainant has submitted certified particulars of its annual turnover in the financial year 2019-2020 (Annex
10), extracts of its apps available on Google Play Store and Apple App Store (Annex 8), copies of awards
received (Annex 9), images of awards conferred upon it (Annex 15), and extracts of its social media pages
(Annex 17). ...
2022-11-16 - Case Details
The Complainant
also offers a mobile application which is available on Apple Store and Google Play.
The Complainant utilizes the FXCM trade mark as part of its brand logo:
It states that it has established a social media presence and uses the FXCM mark to promote its services on
Facebook (www.facebook.com/FXCM, with approximately 87,000 followers), Twitter
(www.twitter.com/FXCM, with approximately 107,700 followers), and YouTube (www.youtube.com/FXCM,
with approximately 18,300 subscribers).
...
2022-09-20 - Case Details
The app is ranked
as “#6 in Photo & Video” in the Apple Store. Complainant also maintains a primary website for “Capcut” at
“www.capcut.com”.
Complainant and its subsidiary are the owners of trademark registrations for CAPCUT across various
jurisdictions, including:
- the International Trademark Registration No. 4526907, CAPCUT, registered June 10, 2020, for goods and
services in international classes 9, 41 and 42; and
- the European Union Trademark Registration No. 018255581, CAPCUT, registered May 15, 2021 for goods
and services in international classes 9, 41, 42 and 45.
...
2022-11-25 - Case Details
Respondent contends this is similar to arguing that because they created a popular drink and clothing product called “Apple Fusion”, that the owner of , which was never involved nor currently is in a similar business, should transfer the domain name to the Complainants.
...
2021-02-19 - Case Details
The Complainant also offers an Urban Outfitters application, which is available on Apple and Google application stores.
To date, the Complainant holds several registered trademarks for the term, Urban Outfitters, which are exhibited below:
Trademark
Jurisdiction
Registration Number
Registration Date
Classes Covered
URBAN
OUTFITTERS
United States
1323901
March 5, 1985
42
URBAN
OUTFITTERS
Switzerland
2P-423691
April 4, 1996
42
URBAN
OUTFITTERS
European
Union
010182061
January 10, 2012
35
The Complainant further utilizes the URBAN OUTFITTERS trademark as part of its brand logo.
...
2021-01-07 - Case Details
Accordingly, the trademark WHATSAPP has acquired considerable reputation and goodwill worldwide, being ranked amongst Apple iTunes’ 25 most popular free mobile applications and Tech Radar’s Best Android Apps. In Annie’s Top Apps Worldwide Rankings November 2020, the Complainant’s app was ranked as the second most downloaded application worldwide. ...
2021-03-19 - Case Details
Another important lesson is that a famous trademark, such as MARLBORO or NIKE (or APPLE) which are also dictionary terms, does not necessarily give its owner the right to recover any and all domain names which contain the famous mark and nothing more. ...
2021-02-22 - Case Details