Unasi Management Inc., NAF Case No. 448719; Whitney National Bank v.
Unasi Management Inc., NAF Case No. 449357; State Farm Mutual Automobile
Insurance Company v. ...
2005-12-12 - Case Details
Weiguang Huang, WIPO
Case No. D2000-0743 and IndyMac Bank v. F.S.B. v. Jim Kato, FA 190366
(Nat. Arb. Forum). In this regard, the comments of the panelist in Identigene,
Inc. v. ...
2007-05-16 - Case Details
Megaweb.com,
Inc NAF No. 463099 ( and others), Branch of AM.Corp v
Fluxx, Inc., NAF No. 103809, Deer Valley Resort Co., v Intermountain
Lodging NAF No. 471429 (), Thomas Cook Holdings
Ltd v Aydin, WIPO D2000-0676 ()
and Bank of America v Klika, NAF No. 161458 (
and others).
Rights or Legitimate Interests
5.18 The Respondent presents evidence of the extensive use made of the word “zeit” absent from any connection with the Complainant: on WebPages; in registered trademarks; in German newspaper titles and in other domain names (for example, which belongs to a Spanish entity). ...
2005-10-12 - Case Details
Using the unregistered mark DATADIRECTION the Complainant has succeeded in attracting business from some of the best known enterprises operating in Europe, including Vodafone, Bank of Ireland, Taylor Nelson Sofres, AT&T Wireless and AXA. The Complainant has not provided any supportive evidence whatsoever of these contracts.
...
2005-05-19 - Case Details
In such a case, the consumers may obviously think that these domain names are connected with the SODEXHO group.
6.13 In the Toronto Dominion Bank v. Boris Karpachev, WIPO
Case No.D2000-1571, a panel had no difficulty in deciding that the domain
names and were essentially
identical and confusingly similar to the trademark TD WATERHOUSE, for the former
had one letter changed and the latter had one letter omitted. ...
2005-07-25 - Case Details
Nuclear Marshmallows, WIPO
Case No. D2000-0003, Bank for International Settlements v. BFIS,
WIPO Case No. D2003-0984.
In light of these determinations, the Panel finds that the Complainant has
met its burden of establishing the requisites of paragraph 4(c)(iii).
7. ...
2005-07-08 - Case Details
But even if the business has had a very slow take off, one would expect that after some 18 months of operation of the site he could produce evidence that he at least attempted to operate a genuine business at the site e.g. a business plan, evidence of some sales / turnover even if minimal, bank statement, accounts, supplier or customer correspondence, marketing literature etc. However, all that has been provided to the Panel is the business name certificate (which the Registrant acknowledges was acquired to enable registration of the Domain Name) and printouts of a four page website at the Domain Name offering three photographs for sale.
...
2005-07-08 - Case Details
Citibanc Group, Inc., 724 F.2d 1540, 1545 (11th Cir.
1984) (holding CITIBANC to be protectable, it is suggestive of a ‘modern or
urban bank’). …
"Even if the PET WAREHOUSE mark was held to be descriptive rather than
suggestive, Pet Warehouse has used the mark in commerce for more than fourteen
years. … This use constitutes prima facie evidence that the mark has become
distinctive as used in connection with Pet Warehouse’s services. ...
2000-04-14 - Case Details
iii) There are over forty telephone directory entries of apparently unrelated businesses in the United States having "First American" as, or as part of, their names, including by way of example, "First American Title Co of Alaska", "First American Bank", "First American Construction", "First American Homes", "First American Mortgage", "First American", "First American Corp", "First American Dental", "First American Run" , and many others. ...
2001-05-01 - Case Details
Gabriel Arturo Hernández Mariscal also makes reference to the transfer of the banorte domain name, to the existence of the company Banquetes Northeños Tec, to the existence of an "endorsement" of certain trademark registrations before the IMPI to communications regarding negotiations with the "bank", and also that that information related to the domain name contacts and access to the domain name have been affected by third parties.
6. ...
2000-11-29 - Case Details
Arb. Forum October 18, 2000); National Australia Bank Limited v. Quality Systems Consulting -- QSC Pty Ltd. D2000-0765 (WIPO August 31, 2000); Gonvarri Industrial, S.A. v. ...
2001-03-06 - Case Details
Where the Complainant has not contended that it has
discovered evidence not reasonably available to it at the time of its Complaint,
nor does the Response appear to have raised arguments that the Complainant could
not reasonably have anticipated, and there being no other exceptional circumstances
that would justify admission of a Reply, Panels have stated that they
do not need any further submissions. See The Toronto-Dominion Bank
v. Boris Karpachev, WIPO Case No. D2000-1571.
This Panel repeats and agrees with the dicta by the Panel in Rollerblade,
Inc. v. ...
2004-11-25 - Case Details
And even if a request for
non-disclosure were assumed to have been implicitly contained in the mail, still
Respondent would have accepted the risk of having the Complainant revealing
the content without any recourse against it, unless between Respondent and Complainant’s
representatives there had been an agreement to keep these matters confidential
(see National Australia Bank Limited v Quality Systems Consulting – QSC Pty
Ltd, Case No. D2000-0765).
In light of the foregoing, the Panel considers it perfectly appropriate to admit as evidence the reply sent by Respondent to Complainant’s representatives, and it is the Panel’s belief that Respondent’s proposal is illuminating and may help to adjudicate the bad faith issue. ...
2001-10-18 - Case Details
FA0002000093633, dated February 25, 2000,), Southern Bank and Trust Company v. Bogrebtsky (NAF Case No. FA0002000093673, dated March 15, 2000, and Coleman & Co v. ...
2000-10-07 - Case Details
- Existe identidad entre el nombre de dominio y las 35
marcas registradas "SERVIRED (Y DISEÑO)", toda vez que en el
nombre de dominio solo se han omitido los elementos gráficos
de las marcas "SERVIRED (Y DISEÑO) " del demandante, elementos
que de cualquier modo no pueden reproducirse en un nombre de dominio (parafraseando
la decisión emitida por el panel que resolvió la controversia
suscitada en EFG Bank European Financial Group SA v. Jacob Foundation,
OMPI Caso No. D2000-0036, 22 de marzo de 2000)
y considerando que la adición del gTLD .info carece de significación
(ver párrafo anterior). ...
2002-10-08 - Case Details
Richard MacLeod d/b/a For Sale,
Case No. D2000-0662; National Westminster
Bank PLC v. Purge I.T. and Purge I.T. Ltd, Case
No. D2000-0636; Freeserve PLC v. Purge I.T. and Purge I.T. ...
2003-02-07 - Case Details
La Demandante alega que existe una intención inequívoca por parte de la Demandada de "capturar" un dominio estratégico, con objeto de dificultar que el legítimo usuario de la marca "INTERLAW" pueda usarlo, creando simultáneamente confusión entre el público consumidor y un riesgo de asociación con las actividades normalmente desarrolladas por la Demandante.
Cita la Demandante Deutsche Bank AG v. Diego-Arturo Bruckner; Caso
OMPI No. D2000-0277, 30 de mayo de 2000, para argumentar que el dominio
en disputa está tan ligado a la Demandante que su simple uso por parte
de un tercero no relacionado con dicha Demandante sugiere mala fe.
...
2003-05-07 - Case Details
All the security, strength and privacy you expect from a Swiss bank. … Swiss
Casino adheres to the strictest Swiss privacy and security laws …".
These factors are not compatible with :-
- A bona fide offering of the goods or services; or
- Legitimate or fair use.
6.21.The fact that the traffic of the Respondents’ site may be high or higher than the Complainant’s does not make their use legitimate if it is tainted with an intention to achieve commercial gain by misleading consumers.
...
2003-07-15 - Case Details
D2000-1157, the panel
held that the Respondent, an Italian citizen, knew of the Italian bank BANCA
SELLA (which had been operating under the trade name BANCA SELLA since the 19th
Century) when he registered the domain name. ...
2004-01-06 - Case Details
D2006-0580 (July 14, 2006).28
9. Woodforest National Bank v. Nevis Domains, NAF Claim Number: FA0606000728791 (July 27, 2006).
10. Disney Enterprises Inc. v. ...The address that was provided from Moniker’s Whois for Mighty LLC was the same as the one provided for Nevis Domains in both the Baltimore Orioles and the Woodforest National Bank UDRP proceedings.
(ii) Website to Which the Domain Name
Resolves
As a part of its proof, Gaylord attached to its original Complaint as Annex
J - a two-page print out of a computer screen-shot taken on April 24, 2006 of
the web pages that the Domain Name resolved on that
day. ...
2006-09-15 - Case Details