The subject domain names and
are obviously confusingly similar to the Complainant’s trademark, in each
case merely adding a non-distinctive internet-related element, in the one
case the prefix "e" and in the other the suffix "online".
...Decision
In the light of the findings in paragraph 6 above, the Panel concludes that:
- each of the subject domain names and
is confusingly similar to the trademark "TELSTRA" belonging
to the Complainant; and
- the Respondent has no rights or legitimate interests in either
of the subject domain names; and
- each of the subject domain names has been registered and is
being used in bad faith.
...
2002-06-05 - Case Details
Parties' Contention
5.1 Complainant
The Complainant contends that the said Domain Name, which is confusingly similar to its United States trade mark registration, cannot be used without inferring an affiliation to it. ...In view of the default it is open to the Panel, under paragraph (14)(b) of the Rules to:
"draw such inferences…as it considers appropriate."
6.2 Elements to be proved
To succeed, the Complainant must establish under paragraph 4(a) of the Policy that
i) the said Domain Name is identical or confusingly similar to a trade mark or service mark in which it has rights;
ii) the Respondent has no rights or legitimate interests in the said Domain Name; and
iii) the said Domain Name has been registered and is being used in bad faith by the Respondent.
6.3 Identical or confusingly similar
The Complainant is a company organized and existing under the laws of the Cayman Islands and has its principal office there. ...
2002-07-29 - Case Details
Parties' Contention
5.1 Complainant
The Complainant contends that the said Domain Name, which is confusingly similar to its United States trade mark registration, cannot be used without inferring an affiliation to it. ...In view of the default it is open to the Panel, under paragraph (14)(b) of the Rules to:
"draw such inferences…as it considers appropriate."
6.2 Elements to be proved
To succeed, the Complainant must establish under paragraph 4(a) of the Policy that
i) the said Domain Name is identical or confusingly similar to a trade mark or service mark in which it has rights;
ii) the Respondent has no rights or legitimate interests in the said Domain Name; and
iii) the said Domain Name has been registered and is being used in bad faith by the Respondent.
6.3 Identical or confusingly similar
The Complainant is a company organized and existing under the laws of the Cayman Islands and has its principal office there. ...
2002-07-29 - Case Details
Paragraph 4(a) of the Policy
directs that Complainant must prove, each of the following:
(i) The domain name
is identical or confusingly similar to a mark in which Complainant has rights;
and
(ii) 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.
The domain at issue is
identical or confusingly similar to Complainant’s FIRST UNION mark. The only
difference between FIRST UNION and the disputed domain is that Respondent has
added the generic word "credit," which Complainant also uses in connection
with FIRST UNION. ...
2002-07-08 - 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; and
(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."
...Furthermore, the Panel decided in the case of and
that "Each of the disputed domain names
incorporates in full the "Vivendi" mark, in combination with either
the "Universal" or "Seagram" marks and, thus, are confusingly
similar to the Complainant’s marks." [2]
(see also the case [3]).
Complainant therefore met the burden of proving that Respondent is the registrant
of domain names that are identical or confusingly similar to the trademarks
owned by Complainant.
...
2002-04-02 - Case Details
The impugned Domain Name is identical or confusingly
similar to the Complainant’s trademark "CARFAX." The Complainant has
incontestable rights due to registration in the United States of America and
due to long and extensive use the Complainant has gained common law rights over
the trademark "CARFAX."
...Each of these requirements will be dealt with separately.
Identical or Confusingly Similar
6.3. Complainant has used the trademark CARFAX, whether registered or otherwise,
since 1984. ...
2002-09-24 - 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
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; and
(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.
...The Panel determines
that the domain name is identical or confusingly similar
to Complainant’s "DESERT SCHOOLS" mark.
Complainant has met the burden of proving that Respondent is the registrant
of a domain name that is identical or confusingly similar to a service mark
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 and use.
...
2001-07-13 - Case Details
Opinion of the Panel
1. Is the domain name identical or confusingly similar to a trademark in which Complainant has rights?
The domain name is not identical to any of Complainant’s
registered trademarks. It is, however, confusingly similar. Complainant points
out correctly that the addition of a geographical term to the name of Complainant’s
hotels makes the likelihood of confusion greater, not less, since it appears
to indicate one of the 193 locations at which Complainant renders its services
– not coincidentally, the very location from which Respondent seeks to render
its own audio-visual services. ...
2003-02-05 - Case Details
Accordingly, the Domain Name is, pursuant to the Complainant, confusingly similar to the Complainant’s trademark.
The Complainant adds that there is a considerable risk that the common public would perceive the Respondent’s Domain Name either, as a domain name owned by the Complainant or that there would be some kind of commercial relationship with the Complainant. ...Hence, the Panel finds that the Domain Name is confusingly similar to Complainant’s trademark.
A. Legitimate rights or interests in respect of the Domain Name.
...
2003-02-06 - Case Details
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 or service mark; and (2) Is the domain name identical or confusingly similar to such trademark or service mark.
...The Panel agrees with
the Complainant that the domain name is confusingly similar with the CAIXA ECONOMICA
FEDERAL mark, as the words CAIXA ECONOMICA are sufficient to identify the Complainant
in the eyes of Brazilian and Latin American Internet users. ...
2003-06-30 - Case Details
D2002-1025).
(ii)The domain name is confusingly similar to Complainant's "VOLVO" mark.
There is no question that "vovlo" is confusingly similar to Complainant’s famous "VOLVO" trademark.
...Those requirements are that:
(i)Respondent's domain name is identical or confusingly similar to a trademark
or service mark in which the Complainant has rights; and
(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.
...
2003-10-07 - Case Details
Respondent
The Respondent did not reply to the Complainant's contentions.
6. Discussion and Findings
A. Identical or Confusingly Similar
6.1 The Panel finds that Complainant has satisfied both elements of the requirement that the Respondent's domain name be identical or confusingly similar to a marking in which it has rights. ...Complainant has therefore demonstrated that Respondent's domain name is identical or confusingly similar to marks in which it has rights.
B. Rights or Legitimate Interests
6.2 Paragraph 4(c) of the Policy provides that a Respondent may demonstrate rights or legitimate interests in a domain name in, without limitation, the following three ways. ...
2003-07-07 - Case Details
A. Identical or Confusingly Similar
The domain name is not identical to the mark HARRODS
in which the Complainant has rights. ...However the Panel agrees with the Complainant that the domain name is confusingly
similar to the mark HARRODS for the following reasons:
- The gtld .com cannot be taken into consideration when judging confusing similarity...
2004-01-21 - Case Details