Discussion and Findings
Paragraph 4(a) of the Uniform Domain Name Dispute Resolution Policy (the "Policy") lists three elements that the Complainant must prove to merit a finding that the domain name of the Respondent be transferred to the Complainant:
1) The domain name is identical or confusingly similar to a trademark or service mark ("mark") in which the Complainant has rights; and
2) the Respondent has no rights or legitimate interests in respect of the domain name; and
3) the domain name has been registered and is being used in bad faith.
1) Identity or confusing similarity with a mark in which the Complainant has rights
The domain name is clearly confusingly similar to the registered trademark "ExecuJet" in which the Complainant has rights in Switzerland (the generic top level domain indicator ".com", cannot be taken into consideration when judging identity or confusing similarity). It is also confusingly similar to the registration ExecuJet & device in South Africa, of which the dominating part is the word ExecuJet. ...
2002-10-23 - Case Details
Parties' Contentions
(i) Complainant
The Complainant alleges that the domain name is confusingly similar to Vanguard's registered mark since the domain name incorporates a common misspelling of the term "vanguard". ...Further more, the Administrative Panel has no doubt that the Domain Name is confusingly similar to the aforementioned trademark "Vanguard" in the sense of Article (a) (i) of the Policy.
...
2002-08-26 - Case Details
The Respondent’s Domain Name is identical or confusingly similar to a trade or service mark in which Complainants have 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 used in bad faith.
i. Identical or Confusingly Similar
It appears that Complainants only clearly registered their marks 3 years after the Domain Name was registered by Respondent. ...
2002-11-27 - Case Details
Because the domain name incorporates in its entirety this distinctive mark, the Panel finds that the domain name quixtar-sign-up.com is confusingly similar to the mark QUIXTAR. See EAuto, LLC v. Triple S. Auto Parts d/b/a Kung Fu Yea Enters., Inc., Case No. ...Decision
For all of the foregoing reasons, the Panel finds that the domain name quixtar-sign-up.com is confusingly similar to Complainant’s trademark QUIXTAR, that Respondent QUIXTAR-IBO has no rights or legitimate interests in respect of the domain name, and that the Complainant has adequately demonstrated that Respondent QUIXTAR-IBO registered and used the domain name in bad faith. ...
2000-04-20 - Case Details
Complainant contends that the domain name is identical to and confusingly similar with the name "Julia Roberts" and the common law trademark rights which she asserts in her name pursuant to the Policy paragraph 4(a)(i).
...Respondent does not contest that the domain name is identical with and confusingly similar to Complainant’s name. Respondent does contest whether Complainant has common law trademark rights in her name. ...
2000-05-30 - Case Details
In addition, the Respondent has registered kumho.com and dongbu.com, which are confusingly similar to known trademarks. Further, the Respondent has registered over 30 fictitious NIC Handles with fictitious names including, for example, "Christ, Jesus" and "dfsa, fdjsk", as shown in Annex D (NIC Handles having the e-mail "baurock@hotmail.com" and most have Mr. ...DISCUSSION AND FINDINGS
Paragraph 4 (a) of the Policy requires the Complainant to prove that each of the following elements are present:
(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 rights or legitimate interests in respect of the domain name; and
(3) that the domain name has been registered and is being used in bad faith.
...
2000-06-02 - Case Details
In addition, Respondent contends that Paragraph 4 (a) (i) of the Policy (domain name is identical or confusingly similar to a trademark or service mark in which Complainant has rights) does not apply, as the respective domain is already owned by Complainant and all the website contents reflect Complainant's logos and trademarks. ...Identical or Confusingly Similar Domain Name
The domain name at issue is "robotcock.com". The relevant part of this Domain Name "Robotcock" is identical with the trademark registrations of the word "Robotcock" held by Complainant.
...
2000-10-16 - Case Details
Discussion and Findings
To have the disputed Domain Names transferred to it, Complainant must prove each of the following (Policy, paragraph. 4(a)):
(i) hat the domain name 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 domain name; and
(iii) that the Respondent's domain name has been registered and is being used in bad faith.
...It is well established that the specific top level of the domain name such as ".net" or ".com" does not affect a domain name for the purpose of determining whether it is identical or confusingly similar to a trademark (See e.g. Busy Body, Inc. v. Fitness Outlet Inc., WIPO Case No. D2000-0127, paragraph. 6).
...
2000-09-29 - Case Details
The Parties’ Contentions
Clerical Medical contend that the domain name in question is identical or confusingly similar to its trade mark or trading name; that CMC has no right or legitimate interest in respect of the domain name; and that the domain name has been registered and is being used in bad faith.
...The first question to be considered is whether the domain name clericalmedical.com is identical or confusingly similar to a trademark or service mark in which Clerical Medical has rights.
The Panel quite clearly finds that this limb of the test is satisfied. ...
2000-12-04 - Case Details
In the light of this material this Panel’s finding are set out below.
The domain name is confusingly similar to various of the registered trade marks licensed to the Complainant.
The Respondent has admitted that the name was deliberately chosen and intended as a reference to the Complainant’s products.
...Decision
In the light of the above findings, the Panel’s decision is as set out below.
The domain name is confusingly similar to the Complainant's trade marks (see paragraph 4(a)(i) of the Policy).
The Respondent has no rights or legitimate interests in the domain name (see paragraph 4(a)(ii) of the Policy).
...
2000-10-17 - Case Details
DISCUSSION AND FINDINGS
6.1 The Complainant, under Paragraph 4(a) of the ICANN Policy, is required to show:
6.1.1 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;
6.1.2 That the Respondent has no legitimate interests in respect of the domain name; and
6.1.3 That the domain name has been registered and used in bad faith.
6.2 It is not disputed that the Complaint’s name Cho Yong Pil is essentially the same as the Respondent’s domain name . ...DECISION
7.1 For the foregoing reasons, the Panel decides that:
The domain name registered by the Respondent is identical or confusingly similar to the trademark or service mark to which the Complainant has rights;
The Respondent has no rights or legitimate interests in respect of the domain name; and
The Respondent’s domain name has been registered and is being used in bad faith.
7.2 Accordingly, pursuant to Paragraph 4(i) of the Policy, the Panel hereby orders that the registration of the domain name be transferred to the Complainant.
...
2000-06-22 - Case Details
Parties’ Contentions
Complainant
Complainant contends that it has enforceable rights in the term "interactive television," that Respondent’s domain names are identical or confusingly similar to its alleged mark, that Respondent has no legitimate rights or interest in the disputed domain names and has registered and used those names in bad faith. ...These elements are that:
Respondent’s domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
Respondent has no rights or legitimate interests in respect of the domain name; and
Respondent’s domain name has been registered and is being used in bad faith.
...
2000-06-28 - Case Details
Discussion
Our inquiry focuses on three issues: (1) are the Domain Names confusingly similar to a trademark or service mark in which Complainant has rights; (2) does Respondent have right or legitimate interest in the Domain Names; and (3) have the Domain Names been registered and used in bad faith? ...The only difference between the Domain Names and Complainant’s mark is the addition of the suffixes ".com" ".net" and ".org". Therefore, the Domain Names are all confusingly similar to Complainant’s mark.
B. Legitimate Interest
There is no evidence in the record that Respondent has ever been commonly known by any of the Domain Names. ...
2002-02-14 - Case Details
Complainant
The Complainant relies on its registered trade-marks and common law rights and says that the subject domain name is identical to or confusingly similar to its rights. It notes that the Respondent has admitted that he has nothing to do with the Complainant and contends that the Respondent has no legitimate interest in the subject domain name.
...The resolution of this dispute takes place in the context of a consideration of the requirements of paragraph 4(a) of the Policy.
A. Identical or Confusingly Similar
The Complainant has provided information that establishes that it has rights to the name and mark "Guinness". ...
2001-02-06 - Case Details
Complainant
The Complainant contends that the domain name is identical or confusingly similar to its trade mark "ALBACOM".
The Complainant contends that the Respondent has no right or legitimate interests in respect of the domain name. ...However, the facts speak for themselves and it is necessary in this case for the Panel to draw any specific inferences, save that where there is doubt, the Panel will resolve the doubt in favour of the Complainant.
6.1 Identical or Confusingly Similar
The trade mark registration No. 716943 has been filed on April 20, 1995 and has been assigned to Albacom S.p.A. ...
2002-03-22 - Case Details
Parties' Contentions
Complainants contend that the domain names in issue are vitually identical to and/or confusingly similar to Complainants' "Canon" trademark and trade name and to the "Astro Canon" trade name. ...Discussion and Findings
In order to be entitled to relief under the applicable Policy, Complainants must establish that the domain names in issue are identical or confusingly similar to a trademark or service mark in which Complainants have rights. The Panel determines that the domain names at issue -- usacanon.com; astrocanon.com; canonastro.com; and canoncopymachines.com -- are confusingly similar to the "Canon" mark and trade name and to the "Astro Canon" trade name. ...
2000-10-19 - Case Details
i) The Respondents
domain name is identical or confusingly similar to a trade mark or service
mark in which the Complainant has rights.
As referred to above
the Complainant has provided evidence of its trade mark and service mark
rights in the United Kingdom and elsewhere. ...It follows that the
Respondent’s domain name is identical or confusingly similar to the Complainant’s
marks. For these reasons the Panel finds that the Complainant has succeeded
in proving paragraph 4(a)(i) of the Policy.
...
2001-05-28 - Case Details
Registration 1,932,664 and that the disputed
domain name is confusingly similar to such trademark.
The Complainant contends
further that Respondent has no rights or legitimate interests in respect to
the domain name and that the domain name was registered and is being used in
bad faith.
...After
comparing the disputed domain name with the whole of the registered composite
mark, the Panel also finds that the two are not confusingly similar. The mere
appearances of "baker blanket" among the dozens of words which are
included in the composite mark along with multiple design features does not
justify a contrary conclusion.
...
2001-07-03 - Case Details
As described above, the Respondent has used its offending domain name to lead users to online shopping and banking sites which have no connection to Complainant.
The domain is confusingly similar on its face to the famous
QVC mark. It includes the whole of the QVC mark as the key element of the domain
name. ...Discussion and Findings
A. Identical or Confusingly Similar
The Panel agrees with Complainant that the domain name is confusingly similar to the trademarks of Respondent. ...
2003-04-09 - Case Details
The Complainant must satisfy that:
(i) the 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 such domain name; and
(iii) the domain name has been registered in bad faith and is being used in bad faith.
A. Identical or Confusingly Similar
As the disputed domain names are not identical to a trademark of Complainant, the question is whether there is a confusing similarity between the domain names and the trademark.
...
2003-05-23 - Case Details