Cyberguard asserts that
Cyber Surveillance adopted the confusingly similar domain name in question long
after Cyberguard’s first use and United States federal registration of the Cyberguard
mark. ...Complainant
Cyberguard asserts that
the contested domain name is identical or confusingly similar to the CYBERGUARD
trademark in which Cyberguard has rights; that Cyber Surveillance has no rights
or legitimate interests in respect of the domain name; and that the contested
domain name was registered and is being used in bad faith.
...
2001-10-26 - Case Details
Complainant
The Complainant contends that the domain name is confusingly similar with its marks ASK JEEVES and JEEVES SOLUTIONS in which it has rights. The Respondent is not making bona fide use of the domain name and appears to be illegitimately trying to learn Internet users’ log-in information. ...Moreover, in accordance with paragraph 14(b) of the Rules, if a party, in the absence of exceptional circumstances, does not comply with any provision of, or requirement under, the Rules or any request from the Panel, the Panel shall draw such inferences therefrom, as it considers appropriate.
A. Identical or Confusingly Similar
This question raises two issues: (1) does the Complainant have rights in a trademark; and (2) is the domain name identical or confusingly similar to such trademark or service mark.
...
2005-02-11 - Case Details
A Identical or confusing similarity
It is prima facie obvious that the Domain Name is identical to the Complainant’s WOMEN ON WAVES mark and, therefore, that they are confusingly similar.
B Rights or Legitimate Interest of the Respondent
The Respondent has not filed a Response and does not appear to have any rights or legitimate interest in the Domain Name.
...Decision
In the light of the foregoing, the panelist decides that the Domain Name is confusingly similar to the Complainant’s trade mark and the Respondent has no rights or legitimate interests relating to the Domain Name which was registered and used in bad faith.
...
2001-02-02 - Case Details
Parties’ Contentions
The Complainant alleges in summary:
(a) The disputed domain names are confusingly similar to the Complainant’s mark in that there is added to the mark generic terms, i.e., sex, auction and the number 4.
...The domain names "ebay4sex.com" and "ebaysexauction.com" in the judgment of the Panel, are confusingly similar to the mark. The addition of the generic words does not detract from the potential to confuse Internet users.
...
2001-01-18 - Case Details
Alternatively, it contends that the subject domain name "… is confusingly similar to the Complainant’s mark in that the mark is entirely incorporated into the domain name".
...Whether a domain name is confusingly similar is an objective inquiry related to the mark and the domain name and is not anchored in the activities of the parties.
...
2001-10-18 - Case Details
As a result, the name STANSTED AIRPORT has sufficient secondary association with the Complainant for common law rights to exist under the law of England and Wales.
The disputed domain name is also confusingly similar to the Registered Trade Mark in that the Registered Trade Mark contains the element STANSTED, which is identical to an element of the disputed domain name. ...D2001-1121) and the cases
there cited.
The Panel finds the disputed domain name is confusingly similar to the Complainant’s registered trademark BAA STANSTED and Device.
The Complainant has established this element.
...
2002-01-25 - Case Details
Parties’ Contentions
Complainant asserts:
(i) The Disputed Domain Name is identical or confusingly similar to Complainant’s name and pending trademark. Complainant sent a protest letter to the Respondent by e-mail and certified mail notifying Respondent that Complainant owned the GROW mark and demanding that Respondent surrender the Disputed Domain Name because it is confusingly similar to Complainant’s GROW trademark.
...Thus, the Panel finds for the Complainant on the first element, that Respondent’s domain name is identical or confusingly similar to the service mark in which the Complainant has rights.
(ii) Respondent has no rights or legitimate interests in respect of the Disputed Domain Name.
...
2001-11-01 - Case Details
Complainant
Spencer asserts that (i) the three contested domain names are identical or confusingly similar to service marks in which it has rights; (ii) Absolute has no rights or legitimate interests in respect of the domain names; and (iii) that the domain names were registered and are being used by Absolute in bad faith.
...The Panel also finds that the contested aladdinbailbonds domain names are identical to Spencer’s ALADDIN BAIL BONDS mark, and are confusingly similar to both of Complainant’s ALADDIN BAIL BONDS and ALADDIN marks. Therefore, paragraph 4(a)(i) of the Policy has been satisfied.
...
2001-09-13 - Case Details
Secondly, according
to Complainant, the fact that some domain names registered by Namezero, which
are (confusingly) similar to some famous trademarks are redirected to Mr. Edens’
website (www.thelighted.com) is indication that the Respondent has registered
the domain name in order to prevent Complainant from reflecting its trade mark
in a corresponding domain name and that Respondent has engaged in a pattern
of such behaviour.
...Respondent states that before Complainant contacted Respondent for the
first time he used test pages as a website.
7.Discussion and Findings
a.Trademark rights
Complainant
has provided sufficient evidence of its rights to the trademark ROBEIN in the
Benelux.
b.Identical or confusingly
similar
The domain name
is clearly confusingly similar to Complainant's trademark ROBEIN.
...
2001-05-03 - Case Details
Boutique" is a general term commonly used in order to indicate the shop through which fashion products are commercialized.
The Panelist finds that the Domain Name is confusingly similar to Complainant’s trademarks since the word "boutique" is directly related to the Complainant’s business and therefore the combination with Etro is clearly confusing (Yahoo! ...Decision
The Panelist decides that: (a) the domain name "etroboutique.com" is confusingly similar to the Complainant’s registered trademarks; (b) Respondents have no rights or legitimate interests in respect of the domain name "etroboutique.com"; and (c) the domain name "etroboutique.com" has been registered and is being used in bad faith by the Respondents.
...
2000-12-14 - Case Details
The domain names "MONSANTOPHARMACIA.COM" and "MONSANTOPHARMACIA.NET" are confusingly similar to the Complainant’s mark. The insertion of the word "Monsanto" to the domain name is devious given that the domain name was registered by the Respondent soon after the announced merger of two giants in the pharmaceutical industry whose names must be known worldwide. Persons worldwide accessing the domain names would be bound to think that the domain names had a connection with Monsanto and Pharmacia & Upjohn – the merged entity. The Panel decides that the domain names are confusingly similar to the Complainant’s marks.
Likewise, the Panel decides that the Respondent has no rights or legitimate interests in the domain names at issue. ...
2000-08-04 - Case Details
Complainant contends that Respondent has registered a domain name which is identical or confusingly similar to a service mark in which Complainant has rights; that the Respondent has no rights or legitimate interests in respect to the domain name; and that the Respondent has registered and is using the domain name at issue in bad faith.
...Pursuant to Paragraph 4(a) of the Policy, in order to prevail, a Complainant must prove each of the following elements:
(i) That the domain name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainants have rights;
(ii) that the Respondent has no legitimate interest in respect to the domain name; and
(iii) that the domain name has been registered and used in bad faith.
...
2000-07-31 - Case Details
Complainant
Essentially, the contentions of the Complainant are as follows:
The Disputed Domain Names wholly incorporate the Complainant's FREELOTTO and FREELOTTO.COM marks, trade names, and domain names, and are confusingly similar to the marks, trade names, and domain names of the Complainant;
The Respondents have no rights or legitimate interests in the Disputed Domain Names; and
The Respondents have registered and are using the Disputed Domain Names in bad faith.
...D2000-0140 (April 24, 2000) notes that under the Policy, even if the respondent is in default,
"…the complainant must prove that each of these three elements are present."
6.3 Identical or Confusingly Similar
The Complainant claims and has established first use and ownership of the FREELOTTO marks. ...
2001-07-11 - Case Details
Discussion and
Findings
Domain Names Identical
or Confusingly Similar to Complainant’s Mark
6.1. In relation
to the domain name , the relevant part of this
domain name is "fairmonthotels". ...Accordingly, this Administrative Panel finds that both the
domain names the subject of this Complaint are confusingly similar to
a trademark in which the Complainant has rights.
Respondent’s Rights
or Legitimate Interests in the Domain Names
6.2. ...
2001-05-23 - Case Details
Complainant
The domain name "musclenfitness.com" is the same as or is confusingly similar to the MUSCLE & FITNESS mark registered to and used by Complainant on magazines and on-line magazines. ...The panel finds the disputed domain name to be virtually identical and to be confusingly similar to the Complainant’s trademark. The Complainant has established this element.
Illegitimacy
Paragraph 4(c) of the Policy sets out, without limitation, circumstances which, if proved, establish a registrant’s rights or legitimate interests to a disputed domain name. ...
2001-03-20 - Case Details
Discussion and Findings
In order to succeed in its Complaint the Complainant has to show the following
elements of the Uniform Domain Name Dispute Resolution Policy (the "Policy"),
paragraph 4 (a):-
(i) The domain name is identical or confusingly similar to a trade
mark or service mark in which the Complainant has rights.
(ii) The Respondent has no rights or legitimate interest in respect
of the domain name.
...The Panel proposed to deal with each of these elements in turn.
(i) The domain name is identical or confusingly similar to a trade
mark or service mark in which the Complainant has rights.
The Complainant contends that the relevant part of the domain name "Telstra
International" is confusingly similar to the name Telstra which is the subject
of the extensive portfolio of trade marks "Telstra" referred to above.
...
2002-06-05 - Case Details
ii) Registration for the purpose of preventing the owner of an identical or confusingly similar trademark from reflecting the mark in a corresponding domain name, provided the respondent has engaged in a pattern of such conduct.
...According to this provision, registration for the purpose of preventing the owner of an identical or confusingly similar trademark from reflecting the mark in a corresponding domain name, provided the respondent has engaged in a pattern of such conduct shall be evidence of the registration and use of a domain name in bad faith.
...
2001-01-16 - Case Details
Complainant alleges that passive holding of these names constitutes a violation of paragraph 4(b)(ii) of the Policy since these names are identical or confusingly similar to the trademarks of others.
Complainant states that Respondent has used the domain name "verasign.com" to resolve to a web site entitled "Onlinemalls.com". ...Footnote 6) The Panel determines that the disputed domain names "veresign.com" and "verasign.com" are confusingly similar to "VERISIGN" in the sense of paragraph 4(a)(i) of the Policy.
Complainant has met the burden of proving that Respondent is the registrant of domain names that are identical or confusingly similar to a trademark in which the Complainant has rights, and it has thus established the first of the three elements necessary to a finding that Respondent has engaged in abusive domain name registration.
...
2001-02-05 - Case Details
Parties’ Contentions
(i) Complainant
The Complainant alleges that the Domain Names are identical or confusingly similar to the Guerlain trademark. It points out that Respondent has no rights or legitimate interests in the Domain Name. ...The two Domain Names and are therefore to be considered as confusingly similar to the Guerlain trademark in the sense of Article 4 (a) (i) of the Policy.
(ii) Rights or Legitimate Interests
The Panel does not have any evidence that Complainant has licensed or otherwise permitted Respondent to use its trademark or to apply for the Domain Name incorporating this mark.
...
2001-03-06 - Case Details
These elements are that:
(i) Respondent’s domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(ii) Respondent has no rights or legitimate interests in respect of the domain name; and
(iii) Respondent’s domain name has been registered and is being used in bad faith.
...Decision
As to the requested relief in these proceedings, Complainant has proved the necessary element that the name is identical or confusingly similar to its trademark or service mark. Complainant, however, has not shown that Respondent has no rights or legitimate interests in the domain name and that Respondent registered the domain name in bad faith and is using it in bad faith. ...
2001-02-12 - Case Details