Complainant
Complainant requests the Panel to direct that be transferred to the Complainant upon the following legal grounds:
Identity or confusing similarity
The disputed domain name is identical or confusingly similar to Complainant's famous MACY’S trademark and incorporates it in its entirety.
Legitimacy
Respondent has no rights to the name or the mark MACY’S despite stating that the registrant organization was Macys. ...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.
...
2002-03-20 - Datos del caso
Discussion and Findings
In order to qualify for a remedy, the Complainant must prove each of the three elements set out in Paragraph 4(a) of the Policy, namely:
(a) the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
(b) the respondent has no rights or legitimate interests in respect of the domain name; and
(c) the domain name has been registered and is being used in bad faith.
...Is it believable that the disputed domain name was registered to create a website with a poem tribute to a long lost friend?
A. Identical or Confusingly Similar
It is well established that common law trademark rights can exist in a person’s
name and are sufficient to succeed in a Complaint under the Rules. ...
2003-01-28 - Datos del caso
The Rules and Supplementary Rules resist the provision of evidence in that form.
8. Discussion and Findings
A. Identical or Confusingly Similar
Complainant must show that the disputed domain name is identical or confusingly similar to a trademark or service mark in which Complainant has rights (paragraph 4(a)(i) of the Policy).
...Domain Administrator, PortMedia,
WIPO Case No. D2012-1326, which was similar on its facts to the present case and was a case in which respondent raised a similar issue as has been raised in the present case; Lana Sociedad Cooperativa Ltda. v. ...
2013-06-12 - Datos del caso
Namely the Complainant must prove that:
(i) the Domain Names are identical or confusingly similar to a trade mark or service mark in which the Complainant has rights (Policy, paragraph 4(a)(i)); and
(ii) the Respondent has no rights or legitimate interests in respect of the Domain Names (Policy, paragraph 4(a)(ii)); and
(iii) the Domain Names have been registered and are being used in bad faith (Policy, paragraph 4(a)(iii)).
6.2 The Panel will address each of these requirements of the Policy in turn, but before it does so it is necessary to deal with two procedural issues in this case. ...In the circumstances, the Panel is prepared to admit the Complainant’s First Supplemental Submission solely to the extent that it addressed this subsequent material.
B. Identical or Confusingly Similar
6.11 The Complainant relies upon a number of registered trade marks that take the form SAP HANA. ...
2013-01-09 - Datos del caso
Paragraph 4(a) of the Policy directs that the Complainant must prove each of the
following:
(i) that the disputed 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 disputed domain name; and
(iii) that the disputed domain name has been registered and is being used in bad faith.
6.1. ...case=D2017-0481
page 9
6.3 Substantive issues
A. Identical or Confusingly Similar
The Complainant has provided evidence of ownership of trademark registrations consisting in the word
EMPRENDEDORES.
...
2022-10-12 - Datos del caso
Discussion and Findings
For the Complaint to succeed, under paragraph 4(a) of the Policy the Complainant must prove that:
(i) the disputed domain names are 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 disputed domain names: and
(iii) the disputed domain names were registered in bad faith and are being used in bad faith.
The Complainant must provide each of these 3 elements, which are discussed in turn as follows.
A. Identical or Confusingly Similar
The Panel finds that the disputed domain names are identical to the Complainant’s registered trademark FELSINA. ...
2007-02-23 - Datos del caso
The Complaint alleges that each Complainant has rights in a name (being a phoneword) to which one of the Respondent's registered domain names is identical or confusingly similar. However, each Complainant holds that right individually (i.e. in its own name), not jointly with any of the other Complainants. ...In each of these three cases the complainant appears to have relied on a registered trade or service mark to which the concerned domain name was alleged to be identical or confusingly similar. In the present case in relation to 64 of the 66 disputed domain names, the Complainants appear to rely entirely on an assertion of rights to a smartnumber that corresponds, in practical terms, to a phonename. ...
2009-03-11 - Datos del caso
(1) Complainant Failed to Establish Rights in a Trademark that is Identical or Confusingly Similar to the Domain Name
Respondent contends that the Domain Name is effectively identical to Complainant’s personal name, but Complainant has no registered trademark for his name. ...A. Identical or Confusingly Similar
Complainant claims common law trademark rights in his name, RON PAUL, and that the Domain Name is identical to this mark. ...
2013-05-27 - Datos del caso
He explains that he registers various domain names for development
of websites and until the websites are developed the domain names are directed
to other pages from which click through revenue is apparently generated.
5. Parties Contentions
5.A Complainant
5.A.1 Confusingly Similar
5.A.1.1 The Complainant has registered trademark rights for CARE BEARS dating from the early 1980’s and, in the light of the extent of its business selling products under that mark since 1982, has developed that mark into a famous trademark
5.A.1.2 The domain name in issue is identical to Complainant’s CARE BEAR trademark.
5.A.2 Rights or Legitimate Interests
5.A.2.1 Complainant says the Respondent cannot bring himself within any of the circumstances demonstrating rights or legitimate interests in the domain name in issue set out in paragraph 4(c) of the Policy. ...Discussion and Findings
6.1 The Policy paragraph 4(a) provides that the Complainant must prove each of the following in order to succeed in an administrative proceeding:
- that the Respondent’s domain name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
- that the Respondent has no rights or legitimate interests in respect of the domain name; and
- that the domain name has been registered and is being used in bad faith.
6.2 The Policy paragraph 4(c) sets out circumstances which, in particular but without limitation, if found by the Panel to be proved shall demonstrate the Respondent’s rights or legitimate interests in the domain name in issue.
6.3 The Policy paragraph 4(b) sets out circumstances which, again in particular but without limitation, if found the Panel to be present shall be evidence of the registration and use of a domain name in bad faith.
6.4 Identical or Confusingly Similar
It is clear that the Complainant is the proprietor of the CARE BEARS registered trademark in the United States and in other countries and that CARE BEARS is a well known mark. ...
2006-11-10 - Datos del caso
The Complainant has developed a significant presence on the Internet and operates many websites at domain names which contain the term “cartridgeworld” including , , and .
The disputed domain name is confusingly and deceptively similar to the Complainant’s trade mark.
Rights or Legitimate Interests
The disputed domain name comprises the Complainant’s registered trade mark CARTRIDGE WORLD.
...Discussion and Findings
A. Identical or Misleadingly Similar
The first condition in paragraph 1.1 of the Policy is that the disputed domain name is identical or misleadingly similar to a protected identifier in which the Complainant has rights.
...
2011-09-19 - Datos del caso
Respondent
The Respondent did not reply to the Complainants’ contentions.
6. Discussion and Findings
A. Identical or Confusingly Similar
The Complainants have established that they have rights in the trademark FLIK FLAK registered since January 30, 1987.
...The Respondent does not appear to be commonly known as “Flik-Flak” or by a similar name, and it has not alleged any facts to justify any rights and/or legitimate interests in the disputed domain name. ...
2011-11-24 - Datos del caso
The content of the later email is relevant to the Panel’s determination of the matter and in these circumstances and on this occasion the Panel is prepared to exercise its discretion under the Policy to enter the second email into these proceedings.
A. Identical or Confusingly Similar
The Complainant owns United States trade mark registration 85515723 for the word mark TREE CLASSICS. ...Of course it is possible that the Thai distributor operates a similar website, however, even in those circumstances it is likely that an Internet search for “Tree Classics” would have shown up the Complainant’s website and use of the mark and domain name when the Respondent registered the disputed domain name in 2012.
...
2013-11-14 - Datos del caso
“Complainant believes such websites exist only to produce advertising revenues by attracting consumers at the expense of legitimate businesses with similar names.”
Finally, Complainant declares that Respondent has intentionally attempted to attract consumers for commercial gain to Respondent’s website, by creating a likelihood of confusion with Complainant’s mark and business trade name, services, and reputation. ...Respondent notes that he was a partner at ICES LLC in the late nineties and into early 2001, “where we owned and developed 48 web based companies” and that “each of our companies offered legitimate products and services…”
6. Discussion and Findings
A. Identical or Confusingly Similar
The Panel finds that the disputed domain name, , for all intents and purposes, is identical to the WOWWE trademark. ...
2013-07-24 - Datos del caso
Respondent
The Respondent did not reply to the Complainant's contentions.
6. Discussion and Findings
A. Identical or Confusingly Similar
The Complainant is a published author and novelist operating under the name "AD Justice". ...The Panel notes in passing that the Respondent has previously been found to engage in very similar conduct in Groupe Mutuel v. Al Perkins,
WIPO Case No. D2013-1606, and finds that his conduct in the current case also amounts to evidence of registration and use in bad faith under paragraph 4(b)(i) of the Policy.
...
2016-05-10 - Datos del caso
The Complainant says that it is unable to find any registered trade- or service marks for BORUM or similar that are owned by the Respondent. It says that the Respondent is not affiliated with the Complainant and the Complainant has not given permission to the Respondent to register the disputed domain name. ...Respondent
The Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings
A. Identical or Confusingly Similar
The Complainant has demonstrated that it owns various trade mark registrations that incorporate the BORUM mark including European Union Word mark registration 18004741 for BORUM registered on May 23, 2019, and United States word mark registration for BORUM registered on August 25, 2020.
...
2021-06-25 - Datos del caso
The disputed domain name wholly incorporates Complainant’s STAMFORD mark, only adding a country-code Top Level Domain (“ccTLD”), which cannot serve to distinguish Respondent’s use. Moreover, the disputed domain name is very similar to Complainant’s domain name , which was registered 11 years ago in 2009. This makes it even more likely that Respondent was aware of Complainant’s rights and registered the disputed domain name in bad faith.
...Respondent
Respondent did not respond to the Complaint and is in default.
6. Discussion and Findings
A. Identical or Confusingly Similar
By submitting printouts taken form the corresponding official trademark database, Complainant has shown that it owns two trademark registrations for STAMFORD in Iran. ...
2020-10-21 - Datos del caso
The undertakings included an undertaking:
“not to dispose of, charge, license or otherwise deal in any domain names containing ‘Jet2’ or any name confusingly similar thereto without the consent of the Claimants”
but did not make any provision for the transfer of any domain name. ...It was the Panel’s intention to issue a decision in an abbreviated form similar to that adopted in Statoil ASA v. gaelle etienne / WhoisGuard Protected,
WIPO Case No. D2015-1812, in reliance upon the parties’ agreement as to the transfer of the disputed domain names as set out in the Tomlin Order previously made in the related High Court proceedings.
...
2016-06-28 - Datos del caso
The Panel notes that, at the date of the filing of the Complaint, the disputed domain resolved to a website that appears to be very similar in content to the website captured in the Complainant’s screenshots.
In May, 2016, the Complainant became aware that AVI had applied in Australia to register “WAVERELAY” as a trademark. ...Respondent
The Respondent did not submit any substantive Response to the Complainant’s contentions.
6. Discussion and Findings
A. Identical or Confusingly Similar
When the ccTLD identifier “.au” and the 2LD identifier “.com” are ignored (as is appropriate in this case), the disputed domain name consists solely of the Complainant’s registered United States WAVE RELAY trademark, without the space (which a domain name cannot have) between the two words. ...
2017-02-27 - Datos del caso
The disputed domain name is identical and/or highly similar to the NATIXIS trade mark in which the Complainant has rights.
2. The Respondent has no rights or legitimate interests in the disputed domain name. ...On a balance of the respective Parties’ interests, the Panel finds that it would be reasonable and appropriate for English to apply as the language of the proceeding.
6.2 Substantive Issues
A. Identical or Confusingly Similar
The Complainant has shown it has rights in the NATIXIS trade mark. The entire word has been incorporated into the disputed domain name without any variation. ...
2017-08-09 - Datos del caso
Respondent's website is called “French Connections;” it includes news articles, forums, chat groups, and similar Internet-related opportunities, all related in some matter to France or French culture. Participation requires registration, which is free. ...This conduct justifies a finding of reverse domain name hijacking.
6. Discussion and Findings
A. Identical or Confusingly Similar
Although not strictly necessary for resolution of this proceeding given the Panel's findings under paragraphs 4(a)(ii) and 4(a)(iii) of the Policy, the Panel chooses to address this Policy element because of the erroneous arguments advanced by Respondent.
...
2009-06-02 - Datos del caso