Complainant’s stores offer to sell ladies’ apparel, home décor, baby gifts,
bridal, and similar products.
The Disputed Domain Name was registered on August 7, 2023. Like Complainant, Respondent used1
“Rhodes Boutique” as a tradename, placing it in a page header “Shop online with Rhodes Boutique” and at
the top of the first page, with the two words conjoined as “RHODESBOUTIQUE” in larger bold typeface. ...Respondent
Respondent did not submit any response to the Complaint.
6. Discussion and Findings
A. Identical or Confusingly Similar
It is well accepted that the first element functions primarily as a standing requirement. ...
2024-04-16 - Datos del caso
The Complainant repleads its case concerning the three elements required to be established under the
Policy, namely, that the disputed domain name is confusingly similar to a trademark in which the
Complainant has rights, that the Respondent has no rights or legitimate interests in respect of the disputed
domain name, and that the disputed domain name was registered and has been used in bad faith.
...The Respondent submits that the Complainant has taken no action in respect of numerous other third-party
domain names that include the term “kalyanjewellery” or similar terms and is interested only in obtaining the
disputed domain name, i.e. the “.com” version of the name.
...
2025-03-14 - Datos del caso
At the time of drafting this decision, the disputed domain name resolves to a similar parked page displaying the same message (“Obten este dominio”) and various promotional links to third parties’ websites. ...In accordance with paragraph 4(a) of the Policy, the Complainant must prove that each of the three following elements is satisfied:
(i) the disputed domain name is identical or confusingly similar to a trademark 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.
...
2022-07-06 - Datos del caso
https://www.wipo.int/amc/en/domains/search/overview3.0/
page 4
6. Discussion and Findings
A. Identical or Confusingly Similar
The disputed domain name is identical to the VERSACE registered trademark of the Complainant.
...There is no evidence before the Panel that the Respondent is known by the name VERSACE or
by the disputed domain name, or has acquired legitimate trademark rights in VERSACE or anything similar.
The Respondent did not reply to any of the contentions of the Complainant in the present proceeding and did
not reply to the cease and desist letters sent by the latter. ...
2023-05-01 - Datos del caso
Discussion and Findings
The Panel came to the following conclusions, after reviewing the Complaint, its amendment and the Response:
A. Identical or Confusingly Similar
The Panel considers that the disputed domain name is identical with the registered trade marks of the Complainant for the ALTRON mark. ...The Respondent presented a copy of a contract for the development of a website “www.altron.com” – but this is a very simple type contract without any specification, samples, time schedule etc. which are regularly annexed to similar contracts. The contract as it was annexed could be a contract for a construction of any site. If such specifications and other associated materials existed, the Panel is sure the Respondent would have submitted them as evidence of his bona fide intentions and plans with the disputed domain name. ...
2007-12-27 - Datos del caso
In doing so, prior to its registration and prior to the registration of the domain names, MICHAEL OWEN developed goodwill and rights as an unregistered trade mark protected in England and Wales by the law of passing-off, and in other territories by similar causes of action.
The Complainants submit that the Respondent has failed to show that he has any rights or legitimate interests in the disputed domain names.
...The Respondent emphasizes that he has registered different domain names for
future use.
6. Discussion and Findings
A. Identical or Confusingly Similar
The Complainant Michael Owen is a well known football player with a significant reputation and goodwill in the name MICHAEL OWEN. ...
2006-03-31 - Datos del caso
Respondent
The Respondent did not reply to the Complainant’s contentions.
6. Discussion and Findings
A. Identical or Confusingly Similar
Complainant has provided evidence and has thus established its rights in the trademark BRANDMINDSET, registered in the United States of America.
...There is an established practice under the Policy, dealing with similar combinations of facts. The knowledge of a complainant and its trademark, the lack of any rights or legitimate interests in the domain name and the provision of false contact details at the time of its registration, combined with its passive holding thereafter and the impossibility to conceive a good faith use of the domain name by respondent, are, taken together, circumstances that amount to bad faith of respondent. ...
2007-09-03 - Datos del caso
Complainant contends that the Respondent has acquired Domain Names that incorporate the identifying portion of Complainant’s registered trademarks; that these Domain Names are confusingly similar to Complainant’s trademarks, that Respondent has taken this action to take advantage of the Complainant’s trademarks and the goodwill associated with them by diverting potential buyers from the websites of Complainant and its authorized licensees to the Respondent’s website; that Respondent’s use of the Domain Names violates OASA; that the Respondent has no rights or legitimate interests in respect to the Domain Names, that Respondent’s offer to sell the Domain Names violates the Policy, and that the Domain Names were registered and are being used in bad faith.
...Identity
The Domain Names specifically include the word OLYMPIC for which the Complainant has a trademark, and combine USA with OLYMPIC in one of the Domain Names, similar to additional trademark registrations held by the USOC (Complaint paragraph 26). These word combinations are followed by the words "online store." ...
2000-07-20 - Datos del caso
The Trademark Office has yet to rule on that submission.
Complainant had similar difficulty trying to register shopping.store. Twice, the examining attorney rejected Complainant’s arguments in favor of registration because the mark shopping.store was merely descriptive. ...Discussion
In order to succeed in its claim, Complainant must demonstrate that all of the elements enumerated in Paragraph 4(a) of the Uniform Domain Name Dispute Resolution Policy (the "Policy") have been satisfied:
(i) the domain name in dispute 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 with respect to the disputed domain name; and
(iii) the domain name has been registered and is being used in bad faith.
...
2000-08-01 - Datos del caso
Furthermore Easyjet is the owner of a number of ccTLDs registrations, such as Easyjetairlines.co.uk, Easyjetair.co.uk and Easyjet-airline.co.uk as well as similar names as gTLDs.
b. The Complaint
Easyjet submits that the domain name www.easyjet.com is identical to the trademark EASYJET described above. ...The decision on the merits
According to paragraph 4(a) of the Uniform Domain Name Dispute Resolution Policy, Easyjet must proof each of the following circumstances:
(i) The domain name is identical or confusingly similar to a trademark or servicemark in which Easyjet has rights; and
(ii) Steggles has no rights or legitimate interests in respect of the domain name; and
(iii) The domain name has been registered and is being used in bad faith.
...
2000-03-17 - Datos del caso
The Respondent is not an owner of any trademark, service mark, company name, product or service with a name similar to that of the domain name in question. Nor has the Respondent ever indicated that it intends to make use of the name in any way. ...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 is being used in bad faith.
...
2000-08-21 - Datos del caso
The burden for the Complainant, under paragraph 4(a) of the ICANN Policy, is to show:
- 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
- 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 by the Respondent in bad faith.
...Xuhui Dai (WIPO Case D2000-0988) where a registrant in China registered "bankofnewzealand.com".
The case is similar to VZ VermögensZentrum AG v. Anything.com (WIPO Case D2000-0527), where a 3-member panel was unable to infer that the mark "VZ", which was used for a financial services company in Switzerland and Germany, was so well-known internationally that a domain name registrant in the Cayman Islands could be presumed to have known of its existence.
...
2000-12-07 - Datos del caso
Discussion and Findings
In general
According to paragraph 4 (a) of the Policy, the Complainant must prove that
(i) the Domain Name is identical or confusingly similar to a trade mark 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 Domain Name has been registered and is being used in bad faith.
...Under German trade mark law, as well as the trade mark law of many other countries, the use of a company name confers to its owner similar rights as those resulting from a registered trade mark. Thus, the Complainant has trade mark rights in its own name. ...
2001-09-21 - Datos del caso
Grounds for Decision
According to Paragraph 4(a) of the UDRP, the Complainant must establish each of the three following elements:
(i) that the domain name in issue is identical or confusingly similar to a trademark or service mark in which the Complainant has rights;
(ii) that the Respondent has no right or legitimate interest in respect of the domain name; and
(iii) that the domain name has been registered and is being used in bad faith.
...I cannot therefore look upon it as giving rise to rights similar to those, which the Complainant has established and which fall within the concept of a trademark in the UDRP. ...
2002-02-08 - Datos del caso
To the best of the Complainant’s knowledge, the Respondent has no trademark, service mark, company name or any other right or legitimate interest to any name similar to that of the domain name "pripps.com". The Respondent has never indicated that it intends to make use of the name in any way. ...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 is being used in bad faith.
...
2000-11-01 - Datos del caso
Discussion and Findings
6.1 Paragraph 15(a) of the Rules instructs the Panel as to the principles the Panel is to use in determining the dispute: "A Panel shall decide a complaint on the basis of the statements and documents submitted in accordance with the Policy, these Rules, and any rules and principles of law that it deems applicable."
6.2 Since both the Complainant and Respondent are domiciled in the United States, and since United States’ courts have recent experience with similar disputes, to the extent that it would assist the Panel in determining whether the Complainant has met its burden as established by Paragraph 4(a) of the Policy, the Panel shall look to rules and principles of law set out in decisions of the courts of the United States.
6.3 Paragraph 4(a) of the Policy directs that the Complainant must prove each of the following:
(1) that the domain names 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 rights or legitimate interests in respect of the domain names; and,
(3) that the domain names have been registered and are being used in bad faith.
6.4 It is clear and Respondent has effectively admitted that the domain names at issue are identical to the mark in which the Complainant has rights.
6.5 Respondent contends that he registered the three domain names for his two nieces to establish one web site. ...
2001-05-03 - Datos del caso
The letter called upon the Respondent to cease and desist from any and all usage of the Domain Name extending into the United States and sought a written assurance that all use of the Domain Name extending into the United States or any similar variants thereof "will terminate immediately and/or will not happen in the future." The letter also sought assignment of the Domain Name.
...Discussion and Findings
General
According to paragraph 4(a) of the Policy, the Complainant must prove that
(i) The Domain Name is identical or confusingly similar to a trade mark or service mark in which the Complainant has rights; and
(ii) The Respondent has no rights or legitimate interest in respect of the Domain Name; and
(iii) The Domain Name has been registered and is being used in bad faith.
...
2000-11-28 - Datos del caso
The Complaint asserts that the facts of this Complaint are very similar to
those found in Laurent-Perrier SA and Champagne Laurent-Perrier SA v. Laurentperrier.com,
Mr L Perrier, Laurent Jacques Perrier and M. ...The burden for the Complainant, under paragraph 4(a) of the Policy, is to show:
- 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;
- That the Respondent has no legitimate rights or interests in respect of the domain name; and
- The domain name has been registered and is being used in bad faith.
...
2002-10-15 - Datos del caso
Discussion and Findings
Under the Policy, in order to prevail, a complainant must prove the following three elements of a claim for transfer or cancellation of a respondent’s domain name:
(i) that the domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
(ii) that the respondent has no rights or legitimate interests in the disputed domain name; and
(iii) that the respondent’s domain name has been registered and is being used in bad faith.
...It is important to remember that not all domain name holders are cybersquatters.
A. Identical or Confusingly Similar
Respondent’s Domain Name and Complainant’s IRONARC mark are identical. ...
2008-02-07 - Datos del caso
Complainant
The Complainant contends that the Domain Name is identical or confusingly similar to a trade mark in which the Complainant has rights.
The Complainant further contends that the Respondent has no rights or legitimate interests in respect of the Domain Name.
...B. Identical or Confusingly Similar
The Domain Name comprises the Complainant's United States registered trade mark WALKY DOG (words), the geographical acronym ‘usa' and the generic domain suffix, the last of which may be ignored for the purposes of assessing identity and confusing similarity for the purposes of paragraph 4(a)(i) of the Policy.
...
2010-03-15 - Datos del caso