The use of domain names that are confusingly similar to the Complainant’s trademark in order to attract Internet users looking for genuine products of the Complainant sold either by the Complainant or authorised re-sellers, and to then offer them goods that are not in fact authorized goods, is a “bait and switch” strategy that lacks bona fides and does not give rise to a right or a legitimate interest under the Policy.
As noted by the panel in Madonna Ciccone, p/k/a Madonna v. Dan Parisi and “Madonna.com”,
WIPO Case No. D2000-0847, trading upon the name, goodwill and reputation of another by misleadingly attracting Internet users for commercial gain cannot be considered to constitute a bona fide commercial or fair use within the meaning of paragraph 4(c)(i) of the Policy. ...
2015-06-09 - Case Details
Alex Tsypkin,
WIPO Case No. D2002-0946; Madonna Ciccone, p/k/a Madonna v. Dan Parisi and “Madonna.com”,
WIPO Case No. D2000-0847.
In light of this, the Panel further finds that the Respondent is not making a legitimate noncommercial or fair use of the disputed domain name without intent for commercial gain to misleadingly divert consumers. ...
2015-10-01 - Case Details
Vaidehi Jha
WIPO Case No. D 2014-1244; F. Hoffmann-La Roche AG v. P Martin,
WIPO Case No. D 2009-0323.
Regarding the element (iii), the Complainant contends that the domain name was registered in bad faith and with an ill-motive to gain unfair commercial advantage, at the expense of the Complainant.
...
2017-07-24 - Case Details
D2006-1215, the factors that a panel might consider when determining whether a complainant can claim common law rights in his/her personal name include:
"(a) whether the name is common (which reduces the possibility of acquiring secondary meaning − see Gordon Sumner, p/k/a Sting v. Michael Urvan,
WIPO Case No. D2000-0596); (b) whether the name was used in connection with goods or services in a commercial context; and (c) the time period over which the name was so used."
...
2017-06-09 - Case Details
Complaint owns, inter alia, the following trademark registrations:
Swiss Federal Office of Intellectual Property: CAMP AMERICA, Registration. No. P-364497, Registered October 11, 1988, filed on January 12, 1988, valid until January 12, 2018, covering printed materials in International Class 16.
...
2016-08-05 - Case Details
VistaPrint Technologies Ltd.,
WIPO Case No. D2015-0886; Madonna Ciccone, p/k/a Madonna v. Dan Parisi and "Madonna.com",
WIPO Case No. D2000-0847).
Finally, the Respondent is not commonly known by the disputed domain name nor has it acquired trademark rights pursuant to paragraph 4(c)(ii) of the Policy.
...
2015-12-21 - Case Details
Complainant further argues that when a disputed domain name incorporates an entire trademark with only the addition of the gTLD ".com," it is still confusingly similar to the trademark as the addition ".com" does not eliminate the likelihood of confusion. See, NameSecure L.L.C.F. Hoffmann-LaRoche AG v. P Martin,
WIPO Case No. D2009-0323; Dixons Group Plc. v. Mr. Abu Abdullaah,
WIPO Case No. D2001-0843; V&S Vin & Sprit AB v. ...
2017-03-03 - Case Details
In clear violation of the Rules, the Response failed to: “[p]rovide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Respondent (domain-name holder) and of any representative authorized to act for the Respondent in the administrative proceeding,” Rules paragraph 5(c)(ii); “[s]pecify a preferred method for communications directed to the Respondent in the administrative proceeding (including person to be contacted, medium, and address information) for each of (A) electronic-only material and (B) material including hard copy (where applicable),” Rules paragraph 5(c)(iii); “state whether Respondent elects instead to have the dispute decided by a three-member panel,” Rules paragraph 5(c)(iv); or “[s]tate that a copy of the response including any annexes has been sent or transmitted to the Complainant,” Rules paragraph 5(c)(vii). ...
2016-05-13 - Case Details
Trademark Registration No. 5,021,647 for the trademark TIDY MOM for use in connection with "[p]roviding a website featuring blogs and non-downloadable publications in the nature of articles, photographs, tutorials, and videos in the field(s) of recipe development, recipes, cooking, baking, cocktails, ingredients, culinary travel, photography, home, gardening, party planning, decorating, travel, parenting, beauty, family, fashion, and lifestyle." ...
2017-04-20 - Case Details
Respondent is Alexander Zervakos, Securex Filings LLC of Denver, Colorado, United States, represented by Thomas P. Howard LLC, United States.
2. The Domain Names and Registrars
The disputed domain names (hereinafter the “Domain Names”) , and are registered with Google Inc. ...
2017-04-05 - Case Details
The Complainant adduced evidence of trademark registrations that include:
- Australian trademark registered under no. 780627 NUVEEN (world mark) from December 9, 1998,
- US trademark registered under no. 2313480 NUVEEN on February 1, 2000,
- Swiss trademark registered under no. P-463017 NUVEEN (world mark) entered on the trademark register on July 15, 1999.
The disputed domain names were registered on January 25, 2017 and at the date the Complaint was filed, they resolved to identical websites with the following words displayed: "THIS DOMAIN IS FOR SALE contact […]@[…].com".
5. ...
2017-05-08 - Case Details
El Experto ha presentado la Declaración de Aceptación y de Imparcialidad e Independencia, tal y como solicitó el Centro de conformidad con el párrafo 7 del Reglamento.
4. Antecedentes de Hecho
Bonatti S. p A. es una empresa italiana que opera como contratista y ofrece una amplia gama de servicios relacionados con el gas y el petróleo. ...
2016-12-27 - Case Details
Other than the particulars shown on the printout of the database searches conducted by the Complainant of the WhoIs database (as provided in Exhibits P, Q and R of the Complaint), the websites to which the disputed domain names resolve and the WhoIs database search results provided by the Center, there is no other evidence or information in the case file concerning the background of the Respondent and its business.
5. ...
2016-11-21 - Case Details
The Parties
The Complainant is Kelley Blue Book Company, Inc. whose address is 5 Oldfield Irvine,
California 92618. The Complainant is represented by John P. Rynkiewicz,
of Kaye Scholer LLP whose address is 901 Fiftheenth Street, N.W,
Suite 1100, Washington D.C., United States of America.
...
2002-07-02 - Case Details
The Respondent is Craig Jackson, with a mailing address of Private bag MBE P 224, Auckland, 1030, New Zealand ("Respondent").
2. The Domain Names and Registrar
The domain names subject to this Complaint are and (hereinafter the "Disputed Domain Names"). ...
2002-04-29 - Case Details
The Respondent
is trading off the Complainant’s goodwill in so doing and is not offering bona
fide services: Madonna Ciccone, p/k/a Madonna v. Dan Parisi and
(WIPO Case No. D2000-0847).
The Panel finds that the Complainant has established this element. ...
2002-02-25 - Case Details
o) Finally, the Panel finds it an equally overwhelming conclusion that the Respondent has intentionally attempted to attract, for commercial gain, Internet users to its website by use of the Domain Name, although it no longer does so, by creating a likelihood of confusion with the Trade Mark, within the meaning of paragraph 4(b)(iv) of the UDRP.
(p) The fact that the Respondent no longer is using the Domain Name does not
alter this conclusion. ...
2002-01-11 - Case Details
In addition, the Respondent has offered the domain name
for sale on a website dedicated to the sale of domain names: see http://www.greatdomains.com
(Tab E). The Complainant states (at Complaint, p 6) that when one types the
domain name <3mcare.com>, it automatically links to
and asks for an offer to purchase the domain name. ...
2001-06-18 - Case Details
Numerous previous decisions (including
Madonna Ciccone, p/k/a Madonna v Dan Parisi and "Madonna.com",
WIPO Case No. D2000-0847[October 12, 2000])
are cited by the Complainant to establish that the adding of disclaimer does
not excuse a confusing or similar domain name.
...
2003-04-15 - Case Details
D2001-1429, D2001-1438,
D2001-1439, D2002-0062;
for other cases, see: Gilliéron, op.cit., n° 227, p. 146).
- Apparently, the website associated to the domain name changed after the notification of the Complaint to the Respondent. ...
2003-06-24 - Case Details