On behalf of the Panel, the Center issued Procedural Order No. 1 on July 14, 2011, denying Complainant's request for further briefing stating in part that the: “[P]anel will decide the dispute based on the submissions and record provided by the parties and as governed by the Rules and the Uniform Domain Name Dispute Resolution Policy." ...
2011-08-01 - Case Details
Copies of the e-mails exchanged are attached as Annex O and P.
On September 14, 2001, the Complainant filed an ICANN dispute resolution complaint with eResolution to seek the transfer of the domain name . ...
2002-04-11 - Case Details
It has been an authorized
retail distributor of the Complainant’s products since 1989.
4.3 According to the WHOIS database of Network Solutions, the Respondent is
listed as the Registrant of the each of the disputed domain names, Stephen P.
Arnold of Only Kids is listed as the administrative and billing contact, and
Hostmaster, WebnetOnline, is listed as the technical contact. ...
2001-10-05 - Case Details
IRG Coins and Ink Source, Inc., WIPO
Case No. D2000-0090; Stralfors AB v. P D S AB, WIPO
Case No. D2000-0112; InfoSpace.com, Inc. v. Ofer, WIPO
Case No. D2000-0075.
To quote a prior Panel decision, "[B]ecause Respondent is contributing no value-added to the Internet -- it is merely attempting to exploit a general rule of registration -- the broad community of Internet users will be better served by transferring the domain name to a party with a legitimate use for it." ...
2001-09-18 - Case Details
The Complainant
submitted that "such enclosures should not be considered, being clear that
the language of the proceedings is English" (Supplement to the Complaint,
p.1).
The Complainant’s Exhibits
3-6 are written in Italian and are not accompanied by an English translation.
...
2001-07-04 - Case Details
IRG Coins and Ink Source, Inc., WIPO
Case No. D2000-0090; Stralfors AB v. P D S AB, WIPO
Case No. D2000-0112; InfoSpace.com, Inc. v. Ofer, WIPO
Case No. D2000-0075.
To quote a prior Panel decision, "[B]ecause Respondent is contributing no value-added
to the Internet -- it is merely attempting to exploit a general rule of registration
-- the broad community of Internet users will be better served by transferring
the domain name to a party with a legitimate use for it." ...
2001-06-29 - Case Details
o) In the other two ICANN proceedings in which Respondent was a party, In re Craftwork.com and In re Daf.com, each three-person panel unanimously found in favor of Respondent, determining that its Internet business activities, including its branding services which involved the registration of multiple domain names for later resale, was a legitimate business activity.
(p) The Complainant has not shown either registration or use of and Travelplanet.com in bad faith by Respondent.
...
2001-05-18 - Case Details
Prior panels have not condoned such efforts. In Madonna Ciccone p/k/a Madonna v. Parisi, WIPO Case No. D2000-0847, the respondent claimed it made legitimate, noncommercial use of the domain name "madonna.com" by offering to transfer the name to Madonna Hospital in Lincoln, Nebraska. ...
2001-04-06 - Case Details
In respect of the first limb, the point of time as from which the reasonableness of delay is determined is, prima facie, the time at which the plaintiff came to know of the facts that had given rise to the ground of equitable intervention in question: Stafford v Stafford (1857) 44 ER 697 at p.701. In respect of the second limb, it is necessary that the Defendant be prejudiced by the delay.
...
2002-11-08 - Case Details
This argument has also been accepted by even the US Courts (Playboy Enterprises vs. Chuckleberry Publishing Inc. (1996) 39 U. S. P. Q. 2d 1746 (District Court of the Southern District of New York)).
(2) Whether a particular name is identical or confusingly similar as to influence the public/customers is a question of fact that could only be answered by taking into account the conditions and circumstances of a given market and the characteristics of the given class of public/customers. ...
2003-07-24 - Case Details
However, at least some of the domain names registered to Respondent include trademarks of third parties, such as and ) (Complaint, Annexes P & R).
Ten domain name registrations listed to Nancy Williams relate to industrial products, including , , , , , , , , and . ...
2001-02-08 - Case Details
o) At the commencement of these proceedings, the panel could not find evidence on record which showed that the expression "Duniya Dekho" had been used independently.
p) However, additional evidence was submitted by the complaint which shows that Duniya Dekho has been used independently of Cox & Kings (which is more like a House mark of the complainant) and, therefore, has a separate commercial impression quite apart from the trade mark Cox & Kings.
...
2000-07-13 - Case Details
Factual Background
According to the Complaint at p 5, the Complainant is a Canadian corporation, that has been involved (both itself and through its predecessors) in technology development for more than 25 years, principally in relation to the processing of plant fibre. ...
2003-09-17 - Case Details
被告对域名不拥有权利与合法利益
投诉人认为被投诉人注册和使用域名侵犯了投诉人就“东芝”商标享有的权利，利用了投诉人的商誉进行交易，窃取了互联网上旨在寻找投诉人的用户，所以被投诉人注册和使用域名不构成也无法构成政策第4条(c)项(i)目
定义之真正的提供
商品或服务之行为。案例依据Madonna
Ciccone,
p/k/a Madonna
v. Dan Parisi
and “Madonna.com”,
WIPO
D2000-847（裁决结果是：“故意利用他人声誉的做
法不能构成‘真正的’提供商品与服务之行为。...
2003-08-21 - Case Details
被告对域名不拥有权利与合法利益
投诉人认为被投诉人注册和使用域名侵犯了投诉人就“东芝”商标享有的权利，
利用了投诉人的商誉进行交易，窃取了互联网上旨在寻找投诉人的用户，所以被
投诉人注册和使用域名不构成也无法构成政策第4条(c)项(i)目 定义之真正的提供
商品或服务之行为。案例依据Madonna Ciccone, p/k/a Madonna v. Dan Parisi and
“Madonna.com”, WIPO D2000-847（裁决结果是：“故意利用他人声誉的做
法不能构成‘真正的’提供商品与服务之行为。...
2003-08-21 - Case Details
Respondent highlights that Complainant concedes that “[p]rior UDRP panels have held that unauthorized
service providers using a domain name containing a third-party trade mark to provide services in relation to
the trade marked goods or services may be making a bona fide offering of goods or services and thus have
a legitimate interest in such domain name.”
...
2022-09-05 - Case Details
Tal y como señalaba el experto en el caso de Kimmel Scrap Iron & Metal Co. v. Michael Bader, P-1 Enterprises,
Caso OMPI No. D2016-1148, estos problemas pueden evitarse con disposiciones contractuales adecuadas y supervisión, y pueden ser susceptibles de recursos legales, pero a menudo no en un procedimiento bajo la Política. ...
2017-07-03 - Case Details
Without seeking to fetter the discretion granted by the Rules, the panel observed (starting at paragraph 6.12 of that decision) as follows:
“… That … still leaves the question of whether the Panel should terminate the proceedings in light of ongoing court proceedings under paragraph 18 of the Rules. … [P]aragraph 18 of the Rules … involves a panel considering whether it is better that that the issues between the parties be left to be determined by the courts regardless of what one or both parties might prefer in this respect...
2018-06-15 - Case Details
According to Respondent, after learning about alleged hazards at Complainant’s facilities, Respondent decided to use the Disputed Domain Name to host a website as a “[p]ublic [s]ervice to warn people about the dangers present at Dover Downs Hotel & Casino.” Respondent states that he sought the advice of the Delaware State Police, who informed him he has a right to establish a website to “warn people of the dangers” of Complainant. ...
2019-06-11 - Case Details
With respect to derogatory comments on those pages and the implied criticism of “fuck” domain names, the Respondent also cites UDRP decisions on “consumer criticism” sites, with the quotation, “[p]rotest and commentary is the quintessential noncommercial fair use”, McLane Co. v. Craig,
WIPO Case No. ...
2019-10-18 - Case Details