Discussion and Findings
Under paragraph 4(a) of the Policy, to succeed the Complainant must satisfy the Panel that:
(i) the disputed domain name is identical or confusingly similar to a trademark or 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 was registered and is being used in bad faith.
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2023-02-24 - Case Details
Pursuant to Paragraph B(11)(d)(1)(i)-(iii) of the ADR Rules, the Panel finds that:
The disputed domain name is identical or confusingly similar to a name in respect of which a right or rights
are recognized or established by national law of a Member State and / or European Union law.
3 2 (i) La décision sera exécutée par le Registre dans les trente (30) jours suivant la notification de la décision aux Parties, à moins que
le Défendeur engage une procédure judiciaire dans une Juridiction de compétence mutuelle, telle que définie au paragraphe A(1) des
Règles ADR.
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2023-08-29 - Case Details
Considering the above, to assist the Panel, and for the sake of the completeness of this proceeding, the
Panel exceptionally determines that it will admit the Complainant’s supplemental filing.
6.2 Substantive Elements of the Policy
The Complainant must prove each of the three elements in paragraph 4(a) of the Policy in order to prevail.
A. Identical or Confusingly Similar
The Panel finds that the Complainant has rights in the Trade Mark acquired through use and registration.
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2023-09-04 - Case Details
In this regard (and noting also that this is not a point expressly taken by the Respondent
in this proceeding), the Panel notes also that there is no requirement under the Eligibility Rules for the
Complainant to have been the owner of an Australian Registered Trade Mark at the time of registration of the
disputed domain name.
6.2 Substantive Elements of the Policy
The Complainant must prove each of the three elements in paragraph 4(a) of the Policy in order to prevail.
A. Identical or Confusingly Similar
The Panel finds that the Complainant has rights in the Trade Mark acquired through use and registration.
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2023-06-21 - Case Details
Pursuant to Article 21(1) of the Commission Regulation (EU) No. 874/2004 and
Paragraph B(11)(d)(1)(i)-(iii) of the ADR Rules, the Panel finds that:
The disputed domain name is identical or confusingly similar to a name in respect of which a right or
rights are recognized or established by national law of a Member State and / or European Union law.
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2022-09-09 - Case Details
Pursuant to Article 21(1) of the Commission Regulation (EU) No. 874/2004 and
Paragraph B(11)(d)(1)(i)-(iii) of the ADR Rules, the Panel finds that:
The disputed domain name is identical or confusingly similar to a name in respect of which a right or rights
are recognized or established by national law of a Member State and / or European Union law.
...
2022-09-09 - Case Details
I use PPC only to recover the amount I spent.
6. Discussion and Findings
A. Identical or Confusingly Similar
It is uncontested that Complainant has trademark rights in the “CANVA” Mark by virtue of the trademark registrations mentioned above.
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2021-10-05 - Case Details
The Panel finds that the disputed domain name is confusingly similar to the Complainant’s trademark KPMG registered in the European Union; the Respondent has no rights or legitimate interests in respect of the disputed domain name; and, the disputed domain name was registered as well as used in bad faith.
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2020-05-12 - Case Details
Pursuant to Article 21(1) of the Commission Regulation (EU) No. 874/2004 and Paragraph B(11)(d)(1)(i)-(iii) of the ADR Rules, the Panel finds that:
The disputed domain name is identical or confusingly similar to a name in respect of which a right or rights are recognized or established by national law of a Member State and / or European Union law.
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2020-10-22 - Case Details
It further confirms that it has not used the website at the disputed domain name since receiving correspondence from the Complainant’s agents on January 29, 2020, that the website cannot be found on any search engine and that it has engaged a web designer to work on a new website, namely “Best of Sewage Treatment Accessories”.
6. Discussion and Findings
A. Identical or Confusingly Similar
The Complainant has demonstrated that it owns European trade mark registration 7070485 for BOSTA which the Panel notes was filed on July 9, 2008, and registered on February 26, 2010. ...
2020-08-07 - Case Details
Pursuant to Article 21(1) of the Commission Regulation (EU) No. 874/2004 and Article B(11)(d)(1)(i)-(iii) of the ADR Rules, the Panel finds that:
the disputed domain name is identical or confusingly similar to a name in respect of which a right or rights are recognized or established by national law of a Member State and / or Community law;
Respondent has rights or legitimate interests in the disputed domain name because Respondent has legitimate business in Romania since 1995 selling IT services;
Respondent has not registered and is not using the disputed domain name in bad faith.
6. ...
2018-09-27 - Case Details
Pursuant to Article 21(1) of the Commission Regulation (EU) No. 874/2004 and Paragraph
B(11)(d)(1)(i)-(iii) of the ADR Rules, the Panel finds that:
- The disputed domain name is identical or confusingly similar to a name in respect of which a right or rights are recognized or established by national law of a Member State and / or Community law...
2018-08-10 - Case Details
The Panel exercises its discretion to accept this submission into the record as it raises, in particular, certain new factual issues as noted below concerning the use of the website at the disputed domain name.
A. Identical or Confusingly Similar
The Second Complainant has demonstrated that it owns a registered Australian trade mark for the word mark DASHING under trade mark registration number 1649260 filed on October 7, 2014. ...
2016-06-21 - Case Details
The Panel believes that this would be the equitable and most expeditious way of proceeding, and does not see that the Respondent will be prejudiced by the Panel's decision in regard to this issue.
6.2 Substantive Issues:
A. Identical or Confusingly Similar
The Complainant has established it has trade mark rights in NSBANK. The identical mark been incorporated into the disputed domain name in its entirety and is identifiable therein. ...
2017-05-03 - Case Details
Pursuant to Article 21(1) of the Commission Regulation (EU) No. 874/2004 and Paragraph B(11)(d)(1)(i)-(iii) of the ADR Rules, the Panel finds that:
- the disputed domain name is identical or confusingly similar to a name in respect of which a right or rights are recognized or established by national law of a Member State and/or Community law. ...
2019-01-23 - Case Details
The Panel will therefore proceed to a decision based on the Complaint and the Response.
A. Identical or Confusingly Similar
Several of Complainant’s marks consist of the word “SPAR”. The domain name in dispute is . ...
2005-10-28 - Case Details
The disputed domain name is identical to the Complainant’s name and confusingly similar to other marks it owns because the domain name’s dominant feature is the word “align”.
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2008-04-10 - Case Details
To invoke the Policy, a Complainant must show that the domain name at issue is identical or confusingly similar to a mark in which the Complainant has rights, that the Respondent lacks rights or a legitimate interest in the domain name, and that the Respondent registered and used the name in bad faith. ...
2006-09-26 - Case Details
D2003-0796, se señalaba:
“Paragraph 4(a)(i) of the Policy requires, as one element to be proved, that the domain name be identical or confusingly similar to a trademark or service mark in which Complainant has rights. These words do not require that Complainant be the owner of the mark and would include, for example, a licensee of the mark. ...
2009-02-20 - Case Details
The disputed domain name is identical but for deletion of the definite article "the" and therefore confusingly similar.
2. The Complainant has never authorized the Respondent to use its marks, and the Respondent has never been commonly known by any phrase containing GREAT COURSES. ...
2014-06-25 - Case Details