In such instances, those users would not be exposed to a respondent’s pornographic content but for that linkage” (Sound Unseen, Ltd; Apple Bottoms, LLC; and Cornell Haynes p/k/a “Nelly” v. Patrick Vanderhorst,
WIPO Case No. D2005-0636).
The Disputed Domain Name is confusingly similar to the Complainant’s G4S trademarks. ...
2020-11-13 - Case Details
The use of a domain name which intentionally trades on the fame of another and suggests affiliation with the trademark owner cannot constitute a bona fide offering of goods or services (Madonna Ciccone, p/k/a Madonna v. Dan Parisi and “Madonna.com”,
WIPO Case No. D2000-0847; WIPO Overview 3.0, section 2.8).
...
2020-09-11 - Case Details
Section 3.5 of the WIPO Overview 3.0 states that “[p]articularly with respect to ‘automatically’ generated pay-per-click links, panels have held that a respondent cannot disclaim responsibility for content appearing on the website associated with its domain name (nor would such links ipso facto vest the respondent with rights or legitimate interests).” ...
2020-10-21 - Case Details
The Complainant is the owner of many trademark registrations which contain the word “glencore” (“the Trademark”) among which the following trademarks:
- Swiss trademark GLENCORE No. P-450144, registered on March 19, 1996, in classes 1, 4, 6, 22, 29, 30 31, 35, 36, 39, 40, and 42;
- European Union trademark GLENCORE No. 012054128, registered on January 5, 2014, in classes 1, 4, 6, 14, 22, 29, 30, 31, 35, 36, 37, 39, 40, and 42;
- International trademark GLENCORE No. 691954, registered on March 19, 1998, in classes 1, 4, 6, 22, 29, 30, 31, 35, 36, 39, 40, and 42.
...
2020-10-19 - Case Details
The Complainant holds a large portfolio of registered trademark rights in the mark TYLENOL in many jurisdictions, including:
Swiss Registration No. P-408928 TYLENOL, word, registered on February 28, 1994, in class 5;
United States Registration No. 890,360 TYLENOL, word, registered on May 5, 1970, in class 5;
United States Registration No. 1,621,973 TYLENOL, word, registered on November 13, 1990, in class 5; and
United States Registration No. 2,660,253 TYLENOL, word, registered on December 10, 2002, in class 5; (collectively the “TYLENOL mark”).
...
2020-10-06 - Case Details
Moreover, where the Complainant’s trademark and the disputed domain name differ only because the
addition of one letter in the disputed domain name, and the differences between them could be attributed to
a typographical error, confusing similarity will be found. Panavision, Inc., Panavision International, L. P. v.
Roomwithnet Systems (I) P.Ltd./ Eyecircus Studio Pvt. Ltd, WIPO Case No. D2005-0521.
The Panel concludes that the disputed domain name is confusingly similar to the Complainant’s
PANAVISION trademark.
...
2022-08-30 - Case Details
As regards the past use of the disputed domain name, currently redirecting to an error page, the Panel finds that, according to the Wayback Machine pages (“www.archive.org”) provided by the Respondent (Annex III of the Response), some of them also reproduced in the Complainant’s cease-and-desist letter sent to the Respondent (Annex P of the Complaint), the disputed domain name has been used in connection with what appears to be a bona fide offering of travel agency services before any notice of the current dispute, promoting the Respondent’s own business without intending to trade off or exploit the Complainant’s trademark, which appears to be well known in a different field.
...
2021-12-14 - Case Details
Softech Ltd., DNS Administrator (gold),
WIPO Case No. D2007-1699; and F. Hoffmann-La Roche AG v. P Martin,
WIPO Case No. D2009-0323).
The addition of the generic Top-Level Domain (“gTLD”) “.host” to the disputed domain name constitutes a technical requirement of the Domain Name System (“DNS”). ...
2021-11-10 - Case Details
In 2020 Complainant generated more than USD 43 billion in sales as a member of the S&P 500, and has more than 139,000 employees at facilities in the U.S. and around the world.
Complainant owns numerous registrations for the TYSON Mark in the U.S., where Respondent is located, and around the world, including:
- United States Registration No. 1748683, TYSON, registered January 26, 1993 for “fresh and frozen, cooked and uncooked meat and poultry sold separately and as part of prepackaged prepared meals” in international class 29 and claiming a first use date of January 1, 1958; and
- United States Registration No. 2810231, TYSON, registered February 3, 2004 for “beef and pork” in international class 29 and claiming a first use date of January 10, 2003.
...
2021-12-28 - Case Details
It is well-established that non-use of a domain name does not prevent finding of bad faith.7 “[P]anelists have found that the non-use of a domain name (including a blank or “coming soon” page) would not prevent a finding of bad faith under the doctrine of passive holding”. ...
2021-12-01 - Case Details
The Respondents’ registration and use of the Disputed Domain Names indicate that such registration and use has been done for the specific purpose of trading on and targeting the name and reputation of the Complainant and its SALOMON Mark. See Madonna Ciccone, p/k/a Madonna v. Dan Parisi and “Madonna.com”,
WIPO Case No. D2000-0847 (“[t]he only plausible explanation for Respondent’s actions appears to be an intentional effort to trade upon the fame of Complainant’s name and mark for commercial gain”). ...
2022-01-10 - Case Details
VistaPrint Technologies Ltd.,
WIPO Case No. D2015-0886; Madonna Ciccone, p/k/a Madonna v. Dan Parisi / “Madonna.com”,
WIPO Case No. D2000-0847).
For these reasons, this Panel finds that Respondent registered and is using the disputed domain name in bad faith.
7. ...
2021-07-09 - Case Details
D2000-0847)); cf. WIPO Overview 3.0, section 2.12.2 (“[P]anels have generally declined to find respondent rights or legitimate interests in a domain name on the basis of a corresponding trademark registration where the overall circumstances demonstrate that such trademark was obtained primarily to circumvent the application of the UDRP or otherwise prevent the complainant’s exercise of its rights (even if only in a particular jurisdiction.”).
...
2021-03-01 - Case Details
As explained at section 3.1.4 of the WIPO Overview 3.0, “[p]anels have consistently found that the mere registration of a domain name that is identical or confusingly similar (particularly domain names comprising typos or incorporating the mark plus a descriptive term) to a famous or widely-known trade mark by an unaffiliated entity can by itself create a presumption of bad faith”. ...
2020-12-21 - Case Details
Furthermore, although the Domain Names do not resolve to any active websites, passive holding of the Domain Names does not prevent finding of bad faith. “[P]anelists have found that the non-use of a domain name (including a blank or “coming soon” page) would not prevent a finding of bad faith under the doctrine of passive holding”.13 One of the factors applied to passive holding doctrine is “the implausibility of any good faith use to which the domain name may be put”.14 Here, the bad faith registration and use of the Domain Names in relation to the phishing email activity, makes implausible any good faith use of the Domain Names in the future.
...
2019-02-21 - Case Details
John Adem,
WIPO Case No. D2000-1480; Gordon Sumner, p/k/a Sting v. Michael Urvan,
WIPO Case No. D2000-0596; The E.W. Scripps Company v. Sinologic Industries,
WIPO Case No. ...
2018-09-10 - Case Details
D2017-0160.
WIPO Overview 3.0, section 3.1.4, states that “[p]anels have moreover found the following types of evidence to support a finding that a respondent has registered a domain name to attract, for commercial gain, Internet users to its website by creating a likelihood of confusion with the complainant’s mark: (i) actual confusion, (ii) seeking to cause confusion (including by technical means beyond the domain name itself) for the respondent’s commercial benefit, even if unsuccessful, (iii) the lack of a respondent’s own rights to or legitimate interests in a domain name, (iv) redirecting the domain name to a different respondent-owned website, even where such website contains a disclaimer, (v) redirecting the domain name to the complainant’s (or a competitor’s) website, and (vi) absence of any conceivable good faith use.” ...
2018-08-09 - Case Details
Numerous UDRP panels have recognized that incorporating a trademark in its entirety can be sufficient to establish that a domain name is identical or confusingly similar to a registered trademark. See, Hoffmann-La Roche AG v. P Martin,
WIPO Case No. D2009-0323; Dixons Group Plc. v. Mr. Abu Abdullaah,
WIPO Case No. D2001-0843; V&S Vin & Sprit AB v. ...
2017-10-20 - Case Details
The addition of non-distinctive phrases or a TLD suffix is not sufficient to dispel confusing similarity. See, Hoffmann-LaRoche AG v. P Martin,
WIPO Case No. D2009-0323; Dixons Group Plc. v. Mr. Abu Abdullaah,
WIPO Case No. D2001-0843; V&S Vin & Sprit AB v. ...
2017-10-19 - Case Details
See, e.g.,SAP SE v. Lakshmi Reddy Bhumireddy and P. Hareesh,
WIPO Case No. D2017-0396; Compagnie Générale des Etablissements Michelin v. Cameron Jackson,
WIPO Case No. ...
2017-09-01 - Case Details