Pursuant to paragraph 4(a) of the Policy, the Complainant must prove each of the following three elements to obtain an order that the disputed domain name should be cancelled or transferred:
(i) The disputed domain name registered by the Respondent is identical or confusingly similar to a trademark or a service mark in which the Complainant has rights;
(ii) The Respondent has no rights or legitimate interests in respect of the disputed domain name; and
(iii) The disputed domain name has been registered and is being used in bad faith.
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2014-02-19 - Case Details
The Complainant contends that the Disputed Domain Name is confusingly similar to its ECCO trade mark and that the addition of the descriptive word “discount” in the Disputed Domain Name does not detract from the likelihood of confusion. ...
2010-11-22 - 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.
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2000-08-24 - Case Details
Discussion
The onus is on the Complainant to prove each of the three elements set out in paragraph 4(a) of the ICANN policy, as follows:-
· the domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
· the Respondent has no rights or legitimate interests in respect of the domain name ; and
· the domain name has been registered and is being used in bad faith.
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2000-06-07 - Case Details
Applied to this case, Paragraph 4(a) of the Policy directs that the Complainant must prove each of the following:
(1) that the Domain Name registered by the Respondent is identical or confusingly similar to the trademark in which the Complainant has rights; and,
(2) that the Respondent has no rights or legitimate interests in respect of the Domain Name; and,
(3) that the Domain Name has been registered and is used in bad faith.
...
2001-02-28 - Case Details
Discussion and Findings
According to Paragraph 4 (a) of the Policy, the Complainant must prove each of the following:
(i) that the Respondent’s Domain Name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
(ii) that the Respondent has no rights or legitimate interests in respect of the Domain Name; and
(iii) that the Domain Name has been registered and is being used in bad faith.
...
2001-01-04 - Case Details
Discussion and Findings
To qualify for cancellation or transfer, a Complainant must prove each element of paragraph 4(a) of the Policy, namely:
(i) the disputed domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
(ii) the respondent has no rights or legitimate interests in respect of the domain name; and
(iii) the disputed domain name has been registered and is being used in bad faith.
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2001-01-23 - Case Details
Paragraph 4(a) of the
Policy directs that the Complainant must prove each of the following:
1) that the
domain name registered by the Respondent is identical or confusingly
similar to a trademark or service mark in which the Complainant has
rights; and,
2) that the
Respondent has no legitimate interests in respects of the domain name;
and
3) the domain
name has been registered and used in bad faith.
1.
...
2001-05-25 - Case Details
General Principles
Under paragraph 4 (a) of the Policy, the Panel should be satisfied that:
(i) the domain name is identical or confusingly similar to a trademark or service mark in which Complainant has rights;
(ii) Respondent has no rights or legitimate interests in respect of the domain name;
(iii) the domain name has been registered in bad faith;
(iv) the domain name is being used in bad faith.
...
2001-04-11 - Case Details
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.
...
2001-06-12 - Case Details
Discussion and Findings
Paragraph 4 (a) of the Policy directs that the Complainant must prove each of the following:
"(i) that the Domain Name registered by the Respondent is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
(ii) that the Respondent has no rights or legitimate interests in respect of the Domain Name; and
(iii) that the Domain Name has been registered and used in bad faith."
...
2001-10-30 - Case Details
Paragraph 4(a) of the Policy directs that the Complainant must prove each of
the following:
(1) that the Domain Name registered by the Respondent is identical or confusingly
similar to a trademark or service in which the Complainant has rights;
(2) that the Respondent has no rights or legitimate interests in respect to
the Domain Name; and
(3) that the Domain Name has been registered and is being used in bad faith.
...
2001-09-28 - Case Details
To qualify for cancellation
or transfer, a Complainant must prove each element of paragraph 4(a) of the
Policy, namely:
(i)the disputed domain
name is identical or confusingly similar to a trademark or service mark in which
the Complainant has rights; and
(ii)the Respondent
has no rights or legitimate interests in respect of the domain name; and
(iii)the disputed domain
name has been registered and is being used in bad faith.
...
2001-12-10 - Case Details
Applied to this case, Paragraph 4(a) of the Policy directs that the Complainant must prove each of the following:
(1) that the Domain Name registered by the Respondent is identical or confusingly similar to the trademark in which the Complainant has rights; and,
(2) that the Respondent has no rights or legitimate interests in respect of the Domain Name; and,
(3) that the Domain Name has been registered and is being used in bad faith.
...
2002-01-28 - 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.
...
2002-03-06 - Case Details
The Panel concludes that on the balance of probabilities:-
7.2 The Domain Name is identical or confusingly similar to the Complainant’s registered trade marks.
7.3 The Respondent does not have any rights to or legitimate interest in the Domain Name.
7.4 The Domain Name was registered and is being used in bad faith.
7.5 Accordingly, the Panel directs that the Domain Name be transferred to the Complainant.
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2002-12-17 - Case Details
In addition, it is the view of this Panel that
factual assertions made by the Complainant may be used against the Respondent,
but a Panel ought not to draw any inferences from a default other than those
which have been established or can fairly be inferred from the facts presented
to the Panel by Complainant and that, as a result of the default, have not been
rebutted by any contrary assertions or evidence."
6.3 In order to obtain the relief requested under the Policy, the Complainant
must prove in the Administrative Proceeding that each of the three elements
of paragraph 4(a) of the Policy are present:
(i) That the Domain Name registered by the Respondent is identical or confusingly
similar to a trademark or service mark in which the Complainant has rights;
and
(ii) That the Respondent has no rights or legitimate interests in respect of
the Domain Name; and
(iii) That the Domain Name has been registered and is being used in bad faith.
...
2003-12-19 - Case Details
Paragraph 4(a) of the Policy states that, for a Complaint to be granted, the Complainant must prove each of the following:
(i) that the domain name registered by the Respondent is identical or confusingly similar to the trade marks or service marks in which the Complainant has rights; and,
(ii) that the Respondent has no rights or no legitimate interests in respect of the domain name; and,
(iii) that the domain name has been registered and is being used in bad faith.
1. ...
2002-08-19 - Case Details
According to the Complainant’s
evidence, the disputed domain name used to resolve to a website mentioning the Complainant’s mark and
appearing to offer services similar to the Complainant’s services. The Complainant also provides evidence
of emails and invoices sent using an email address linked to the disputed domain name.
3. ...Pursuant to Article 9 of the Regulation (EU) No. 2020/857 and Paragraph B(11)(d)(1)(i)-(iii) of the ADR
Rules, the Panel finds that:
The disputed domain name is virtually identical and at least confusingly similar to the Complainant’s mark.
The Respondent has no rights or legitimate interests in the disputed domain name.
...
2025-10-29 - Case Details
These criteria encompass situations in which (i) the complainants either have a specific common grievance against the respondent, or the respondent has engaged in common conduct that has affected the complainants' individual rights in a similar fashion; (ii) it would be equitable and procedurally efficient to permit the consolidation; or in the case of complaints brought (whether or not filed by multiple complainants) against more than one respondent, where (i) the domain names or the websites to which they resolve are subject to common control, and (ii) the consolidation would be fair and equitable to all parties."
...The Panel believes that the Respondent's interests would not be prejudiced by its decision that English is to be the language of the proceeding.
6.3 Substantive Issues
A. Identical or Confusingly Similar
The disputed domain names are identical to the Complainant's prior Trade Marks.
The gTLD ".xyz" does not serve to remove the identity with the respective Trade Marks since it constitutes an inherent technical requirement of domain names.
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2016-11-22 - Case Details