The Parties
The Complainant is Qwest Communications International, Inc., C/O Christine
P. Searls, Esq., 1801 California Street, Suite 3800, Denver, CO 80202, United
States of America, of United States of America, represented by Townsend and
Townsend and Crew, LLP of United States of America.
...
2003-03-13 - Case Details
D2001-1463, February 25, 2002: transfer to and acquisition
by a Respondent of a domain name in bad faith can be treated as equivalent to
registration of the domain name in bad faith; and Madonna Ciccone, p/k/a
Madonna v. Dan Parisi and "Madonna.com," WIPO
Case No. D2000-0847, October 12, 2000: Here, although Respondent
was not the original registrant, the record shows he acquired the registration
in bad faith. ...
2003-06-23 - Case Details
Otherwise, a respondent could rely on an intentional infringement to demonstrate
a legitimate interest. See Madonna Ciccone, p/k/a Madonna v. Dan Parisi and
“Madonna.com”, WIPO
Case No. D2000-0847 (holding that infringing use of
to sell services did not create legitimate interest).
...
2005-02-09 - Case Details
The Complainant asserts that the "tylenol.net" domain name was placed on "Hold" due to the Respondent’s failure to respond to NSI (a copy of the NSI letter was attached as Annex P).
During this proceeding, the Complainant asserts that it did receive a letter, dated March 23, 1999, from the Respondent in which the Respondent stated that: (1) "[d]omain names rightfully belong to the registrant/purchaser" that first registers them; (2) the Complainant’s own failure to promptly register the domain name "tylenol.net" is inexcusable neglect, justifying the Respondent’s registration of the name; (3) the TYLENOL trademark has been so diluted that it is no longer perceived as a distinct brand but rather a generic term for acetaminophen; and (4) the Complainant had no trademark rights to the word "www.tylenol.net" only to the word TYLENOL® in capital letters. ...
2001-03-28 - Case Details
Nor does the fact that Respondent has refused Complainant’s
offers to purchase for any amount less than its fair
market value “show that its purpose in using the mark is primarily focused
on obtaining consideration in excess of its out-of-pocket costs” (Complaint,
at p. 19). Numerous panels have recognized that such a stance is equally indicative
of a legitimate right to the disputed domain name.
6. ...
2004-12-09 - Case Details
The Parties
The Complainant in this administrative procedure is Reuters Limited, England, represented by Bruce P. Keller Esq., Debevoise & Plimpton, USA.
The Respondent is Teletrust IPR Ltd., Switzerland, represented by Kurt Rohner, Switzerland.
2. ...
2000-09-28 - Case Details
Administrative Contact, Technical Contact, Zone Contact, Billing Contact: Richard, Tonetti (TR3731) tr@DNET.IT. Via P. Thalguter 4/A Lagundo, BZ 39022 IT +39 335 6543800 (FAX) + 39 0473 277637; (5) Network Solutions’ 4.0. ...
2000-07-12 - Case Details
IRG Coins and Ink Source, Inc., WIPO
Case No. D2000-0090; Stralfors AB v. P D S AB, WIPO
Case No. D2000-0112; InfoSpace.com, Inc. v. Ofer, WIPO
Case No. D2000-0075.
The evidence establishes inaction by Respondent in the use the Domain Name to post any content on the Internet or for any other legitimate purpose.
...
2001-08-28 - Case Details
See: Digital
City, Inc. v. Smalldomain (D2000-1283),
at p.6 and Koninklijke Philips Electronics N.V. v. Duplica (D2001-0312).
(back to text)...
2001-05-30 - Case Details
Aldous LJ (for the Court of Appeal) expressed the test (at p.493) that "a name which will, by reason of its similarity to another, inherently lead to passing off is an instrument of fraud". ...
2000-08-04 - Case Details
This contention is then rebutted by the Respondent (Response, p 6) with the explanation that these services were, in any event, associated with a banner inserted on his sites by Register.com and were in no way connected to him. ...
2001-01-24 - Case Details
An interim injunction was granted to the plaintiff restraining the defendant’s use of the name. The Judge remarked at p 190 “I find it difficult to understand why he (the defendant) is so intent on retaining this name in the fact of this expensive opposition, if the account he gives in his affidavit is his only reason for adopting it.” ...
2004-06-22 - Case Details
The Parties
1.1 The Complainant is GlobalCenter Pty Ltd (ACN 100 184 307) of South Melbourne,
VIC, 3205, Australia.
1.2 The Respondent is Global Domain Name Hosting Pty Ltd (ACN 090 772 697)
c/-Morris Mackintosh & Smith P/L, VIC, 3126 Australia.
2. The Domain Names and Registrar
2.1 The domain names upon which this Complaint is based are
and ("Disputed Domains").
2.2 The Disputed Domain was registered on November 22, 2000,
and renewed on September 1, 2002. ...
2003-03-11 - Case Details
The New Zealand case of Polaroid Corporation v. Hannaford and Burton [1975] 1 NZLR 566 at p. 571 is authority for the statement that allowances must be made for imperfect recollections on the part of members of the public and the effect of careless speech. ...
2000-05-24 - Case Details
D2001-0002 (refusing to transfer ); Teollisuuden
Voima OY v. Jonno P. Vastamäki, WIPO Case
No. D2001-0321; Stadt Heidelberg v. Media Factory, WIPO
Case No. D2001-1500, [denying transfer of , because
Complainant failed to show trademark rights in city name Heidelberg; and Land
Sachsen-Anhalt v. ...
2004-08-23 - Case Details
Metzger stated that he was in the process of trying to sell his travel agency business and could not make a final decision regarding the Domain Name until he had finalized negotiations (see Complaint Ex. P);
(h) on May 17, 2004, Complainant sent a demand letter to Inoxis Africa Ltd. (see Complaint Ex. ...
2004-09-29 - Case Details
FIRST COUNCIL DIRECTIVE of 21 December 1988 to approximate the laws of the Member States relating to trade marks (89/104/EEC), OJ L 040 , 11/02/1989 P. 0001 – 0007.
3. Two generic or common descriptive terms may be combined to form a trademark, provided that secondary meaning is established. ...
2000-07-18 - Case Details
The Complainant has furnished a print out of what is claimed to be details of registrations and pending applications for registration of trade marks and service marks in various countries throughout the world for the following trademarks and service marks: "CHASE", "THE CHASE MANHATTAN BANK", "CHASE ADVANTAGE CREDIT", "CHASE ADVANTAGE SMART SHOPPER", "CHASE ASSET BUILDER", "CHASE AUTOMOTIVE FINANCE + DESIGN", "CHASE BANK", "CHASE BY PHONE", "CHASE BANK OF FLORIDA (FL)", "CHASE BANKING 101", "CHASE BANKING CARD", "CHASE BASEBALL IS FOR KIDS", "CHASE BASEBALL IS FOR KIDS AND DESIGN", "CHASE BETTER BANKING", "CHASE BLOOD DROP DESIGN", "CHASE BUSINESS RETIREMENT MANAGEMENT ACCOUNT", "CHASE CASH ACCESS LINE", "CHASE CLASSIC CHECKING ACCOUNT", "CHASE COMBINATION ACCOUNT", "CHASE CONSOLIDATOR LINE OF CREDIT", "CHASE CUENTA CORRIENTE DE INVERSIONES", "CHASE CUSTOM", "CHASE CUSTOMER RESOURCES", "CHASE CUSTOMFIT", "CHASE DIRECT BANKING", "CHASE DIVIDEND SAVINGS", "CHASE ECONOMY CHECKING", "CHASE E PASSPORT", "CHASE EXPRESS", "CHASE FASTPAY", "CHASE FAXLINE", "CHASE FUNDS ALLOCATION UNIT", "CHASE GOLD", " CHASE HOME LOAN DIRECT", "CHASE HOME LOAN RESOURCES", "CHASE I-SOLUTIONS", " CHASE IMAGEACCESS", "CHASE IMAGEEXPORT", "CHASE IMAGESTATION", "CHASE INDIVIDUAL BANK + LOGO-SOLID", "CHASE INDIVIDUAL BANK", "CHASE INFOLINK", "CHASE INFOSTATION", "CHASE INTERNATIONAL INVESTMENT CORPORATION", "CHASE INVESTMENT BANK", "CHASE LIQUIDITY MANAGER", "CHASE MANHATTAN", "CHASE MANHATTAN BANK", "CHASE MANHATTAN BANK - NATIONAL ASSOCIATION", "CHASE MANHATTAN BANK, THE", "CHASE MANHATTAN BANK ESPANA", "CHASE MANHATTAN BANK (NATIONAL ASSOCIATION)", "CHASE MANHATTAN BANK (NA)", "CHASE MANHATTAN CORP INVESTMENT NOTE", "CHASE MANHATTAN OVERSEAS BANKING CORPORATION", "CHASE MANHATTAN OVERSEAS CORP.", "CHASE MANHATTAN OVERSEAS INVESTMENT CORPORATION", "CHASE MANHATTAN PROFITS FROM THE EXPERIENCE", "CHASE MANHATTAN VISTA FUNDS AND DESIGN", "CHASE MANHATTAN (Defensive name)", "CHASE MARKET INDEX INVESTMENT", "CHASE MERCHANDISE PROTECTION PLAN", "CHASE MIA", "CHASE MORTGAGE PLUS", "CHASE PAY BY PHONE", "CHASE PAYROLL CARD", "CHASE PERSONAL BANKER", "CHASE PERSONAL BANKING", "CHASE PREFERRED CLIENT SERVICES", "CHASE PREFERRED", "CHASE PREMIER", "CHASE PREMIER ADVANTAGE", "CHASE PREMIER + P DESIGN", "CHASE PRIME BANKING", "CHASE PRIME PLUS", "CHASE PRIVATE BANK", "CHASE PRIVATE BANK DESIGN", "CHASE PROFIT FROM THE EXPERIENCE", "CHASE RETIREMENT MANAGEMENT", "CHASE SMALL BUSINESS DIRECT", "CHASE SMART SHOPPER", "CHASE STAR", "CHASE STRAIGHT THROUGH", "CHASE STRESS-FREE CARD", "CHASE SUMMIT", "CHASE TRAVELLER SERVICE", "CHAST VISTA", "CHASE VISTA FUNDS + DESIGN", "CHASE VISTA FUNDS +LOGO", "CHASE (CHINESE CHARACTERS)", "CHASE (in Japanese characters)", "CHASE AND LINE LOGO", "CHASE AND LOGO-SOLID", "CHASE24TRADE", "CHASEBOND", "CHASEBUSINESSCARDS.COM", "CHASECONNECT.COM", "CHASEDEAL", "CHASEDEPO", "CHASEFUNDS24", "CHASEFX", "CHASEINVEST", "CHASELOCK", "CHASERS", "CHASESPACE", "CHASEXCHANGE.COM", "CHASE UNA BUENA RELACION ES LO QUE CUENTA", "THE CHASE BANK OF CYBERSPACE", "THE CHASE BANK OF THE INFORMATION HIGHWAY", "THE CHASE BANK OF THE INTERNET", "THE CHASE FINANCIAL SOLUTIONS CENTER", "THE CHASE MANHATTAN", "THE CHASE MANHATTAN BANK", "THE CHASE MANHATTAN BANK N.A.", "THE CHASE MANHATTAN BANK NA +SOLID LOGO", "THE CHASE MANHATTAN BANK (NATIONAL ASSOCIATION)", "THE CHASE MANHATTAN BANK (NJ)", "THE CHASE MANHATTAN BANK (NY)", "THE CHASE MANHATTAN PRIVATE BANK (SWITZERLAND)", "THE CHASE UNIVERSAL ACCOUNT", "THE CHASE WEALTH MANAGEMENT ACCOUNT".
...
2000-07-13 - Case Details
Dept. of Motor Vehicles, 71 Cal.2d 907, 80 Cal.Rptr. 89, 458 P.2d 33. Truly; actually; without simulation or pretense. Innocently; in the attitude of trust and confidence; without notice of fraud, etc. ...
2000-07-03 - Case Details
Hence, Complainant’s argument that the Respondent demonstrates an intent to divert consumers from buying Viagra does not correspond to what can reasonably be determined by inspection of the Respondent’s website.” Respondent Response p.11.
The Panel rejects Respondent’s argument at page 11 of the Response. It is difficult to look at his home page without getting the impression that he is principally offering Viagra for sale, with the “stories” being ancillary to the business. ...
2006-03-31 - Case Details