A. Identical or Confusingly Similar
Paragraph 4(a)(i) of the Policy requires a two-fold enquiry. First, a threshold investigation of whether a complainant has rights in a trademark, followed by an assessment of whether the trademark and the domain name are identical or confusingly similar.
...Thirdly, the Policy does not ask whether the domain name and trademark are very similar or, as the Complainant here has put it, “highly similar”. If the two signs are not identical6, then they must be confusingly similar in order for a complainant to be able to succeed under the first element of the Policy.
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2009-06-08 - Datos del caso
D2009-1253, the disputed domain name was found to be confusingly similar to the DR. MARTENS trade mark.
- In NIKE, Inc. v. Bestinfo,
WIPO Case No. D2002-0543, the disputed domain name was found to be confusingly similar to the NIKE trade mark...D2008-0359, the disputed domain name was found to be confusingly similar to the REEBOK trade mark.
In the above mentioned FEIYUE v. Lhk Gallery,
WIPO Case No. ...
2010-11-09 - Datos del caso
While identical to neither mark, the disputed domain name is confusingly similar to both marks in the Panel’s view. The Panel notes that there have been numerous prior UDRP decisions where panels have found disputed domain names consisting solely of established-mark combinations to be confusingly similar to one or more of those marks. ...D2000-0135 (finding the disputed domain names, and , to be confusingly similar to the MAERSK and SEA-LAND marks owned by the complainant, while opining that “…it is clear that they are both confusingly similar since each incorporates the primary, distinctive elements of both of the relevant trademarks of the complainant.”).
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2014-01-28 - Datos del caso
A. Identical or Confusingly Similar
Complainant has shown rights in the BOURSORAMA trademark.
Complainant asserts that the disputed domain name is confusingly similar to its BOURSORAMA trademark and that the addition or deletion of letters in the disputed domain name does not prevent a finding a confusing similarity with the BOURSORAMA trademark.
...Complainant further argues that the addition of letters is not sufficient to escape the finding that the disputed domain name is confusingly similar to its trademark, and that the misspelling was intentionally designed to be confusingly similar the latter trademark. ...
2021-06-15 - Datos del caso
A. Identical or Confusingly Similar
This element consists of two parts: first, does the Complainant have rights in a relevant trademark and, second, is the Disputed Domain Name identical or confusingly similar to that trademark. ...It is well established that a domain name that wholly incorporates a trademark may be confusingly similar to that trademark for purposes of the Policy despite the addition of another term or letters. ...
2021-06-25 - Datos del caso
A. Identical or Confusingly Similar
This element consists of two parts: first, does the Complainant have rights in a relevant trademark and, second, is the Disputed Domain Name identical or confusingly similar to that trademark. ...Thus, the Panel considers that the Disputed Domain Name is confusingly similar to the Complainant’s BUREAU VERITAS Mark.
Accordingly, the Panel finds that the first element of paragraph 4(a) of the Policy has been met by the Complainant.
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2021-06-25 - Datos del caso
A. Identical or Confusingly Similar
Paragraph 4(a)(i) of the Policy requires a two-fold inquiry, a threshold investigation into whether a complainant has rights in a trademark, followed by an assessment of whether the disputed domain name is identical or confusingly similar to that trademark. ...D2007-0369 (finding the domain name confusingly similar to the trademark ADIPEX-P because they are “pronounced in the same way despite the removal of the dash”). ...
2022-02-24 - Datos del caso
The Complainant contends that the disputed domain name is confusingly similar to the Complainant’s trade
mark. The disputed domain name differs from the Complainant’s trade mark by one letter. ...A
domain name containing such a misspelling is therefore a confusingly similar domain name. The
Complainant also submits that in assessing whether a disputed domain name is confusingly similar to a
trade mark, the generic Top-Level Domain (“gTLD”) is disregarded. ...
2023-10-06 - Datos del caso
D2007-1833 (finding to be confusingly similar to the COSTCO mark.); Costco Wholesale Membership Inc., Costco Wholesale Corporation v. ...D2007-0638 (finding to be confusingly similar to the COSTCO mark).
In line with the foregoing, the Panel finds that the Complainant has succeeded in proving that the disputed domain name is confusingly similar to a trademark or service mark in which the Complainant has rights.
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2012-06-20 - Datos del caso
Domain Name and Registered Trademark Confusing Similar (paragraph 4(a)(i) of the Policy)
The Complainant asserts that the first category of Domain Names is identical and/or confusingly similar to the PIAB trademark registered by the Complainant. ...The Complainant submits in regard to the second category of Domain Names that they are confusingly similar to the registered PIAB trademark. It submits that the letter 'x' added to the registered PIAB trademark results in a domain name that is confusingly similar to the PIAB trademark.
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2002-03-21 - Datos del caso
A. Identical or Confusingly Similar
The Complainant is required to establish the disputed domain name is identical or confusingly similar to a trademark in which it has rights under first prerequisite of paragraph 4(a) of the Policy.
...D2007-0701 where it was found that the domain name was confusingly similar to the eBUCKS trademark, and also in ESPN, Inc. v. XC2,
WIPO Case No. D2005-0444 where the domain name was found confusingly similar to the ESPNEWS trademark. ...
2014-03-05 - Datos del caso
UDRP panels have repeatedly held that
warehousing a domain name that is confusingly similar to a well-known mark is not a legitimate use. See,
e.g., Société nationale des télécommunications: Tunisie Telecom v. ...Respondent
6. Discussion and Findings
A. Identical or Confusingly Similar
B. Rights or Legitimate Interests
C. Registered and Used in Bad Faith
Complainant first contends that Respondent registered the disputed domain name in bad faith because Respondent has created a domain name that is confusingly similar to Complainant’s globally well-known HERSHEY Marks, as found in section 6A above. ...
2024-10-09 - Datos del caso
AAIM,
WIPO Case No. D2000-0403.
A. Identical or Confusingly Similar
Pursuant to paragraph 4(a)(i) of the Policy complainant must establish rights in a trademark and secondly prove that the domain names in dispute are confusingly similar to the trademarks in which complainant has rights.
...Numerous UDRP panels have held that a domain name is confusingly similar to a trademark when the domain name incorporates the mark in its entirety. See, e.g., Am. ...
2007-09-07 - Datos del caso
Complainant
The Complainant contends various facts on each of the three elements of the Policy, as follows:
- On identical or confusingly similar nature of the disputed domain name, the Complainant contends that
the disputed domain name is confusingly similar to its well-known and distinctive
trademark SAINT-GOBAIN and the substitution of the letter “B” by the letter “D” in the trademark
SAINT-GOBAIN is not sufficient to escape the finding that the domain name is confusingly similar to the
trademark and branded goods SAINT-GOBAIN. ...Respondent
6. Discussion and Findings
A. Identical or Confusingly Similar
B. Rights or Legitimate Interests
C. Registered and Used in Bad Faith
7. Decision...
2023-12-04 - Datos del caso
Parties' Contentions
A. Complainant
(a) Identical or Confusingly Similar
The Complainant contends that the domain name is confusingly similar to the Complainant's common law trademark ROLAND MOURET.
...A. Identical or Confusingly Similar
The Panel is prepared to find that the domain name is identical to the name Roland Mouret, except for the addition of the “.net” designation. ...
2009-12-15 - Datos del caso
Respondent
The domain names at issue are not confusingly similar to the Complainant’s registered trademarks.
The name "NATIONAL" is confusingly similar to thousands of trademarks throughout the world. ...D2000-0102 in which was found confusingly
similar to "NOKIA" and Red Bull GmbH v. Craig Jackson, WIPO
Case No. D2002-0068 in which was found confusingly
similar to "REDBULL".
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2003-10-17 - Datos del caso
The Complainant alleges that it is well-settled that the incorporation of a trademark in its entirety is sufficient to establish that a domain name is identical or confusingly similar to such trademark. Moreover, the additional terms in a domain name should not affect a finding that the domain name is identical or confusingly similar. ...A. Identical or Confusingly Similar
The Panel finds that the Domain Names at issue are confusingly similar to a trademark in which the Complainant has rights. ...
2006-03-29 - Datos del caso
In Wal-Mart Stores case,
the Panel further stated: “the Panel understands the phrase ‘identical
or confusingly similar’ to be greater than the sum of its parts. . . .
Thus, the Panel concludes that a domain name is ‘identical or confusingly
similar’ to a trademark for purposes of the Policy when the domain name
includes the trademark, or a confusingly similar approximation, regardless of
other terms in the domain name. ...D2002-1151 (domain name confusingly
similar to PRIVATE and related PMG marks; CineCraft obtained transfer of infringing
domain name).
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2004-12-23 - Datos del caso
Thus, the Respondent's Disputed Domain Name is confusingly similar to Complainants' EROS Marks.
Respondent has not contested the assertions by Complaint that the Disputed Domain Name is confusingly similar to the trademark.
...Therefore, the Panel finds that the Disputed Domain Name is confusingly similar to the EROS Marks pursuant to the Policy paragraph 4(a)(i).
Rights or Legitimate Interest.
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2008-08-27 - Datos del caso
Because "avzippo" and "zippo" are not identical, the issue becomes whether the domain name and Zippo’s mark are confusingly similar. The Policy does not define "confusingly similar." A search of the documents leading to the final version of the Policy at the ICANN website failed to explain how this language came to be or what test was meant to be applied in assessing whether a mark is confusingly similar to the Complainant’s. ...In these cases, the domain names and were held to be confusingly similar to the domain name . See also Case No. D2000-0799 holding "mp3skunkworks" confusingly similar to "skunkworks".
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2001-01-16 - Datos del caso