The Panel cannot determine whether the Complainant is attempting to show that the Respondent has used the scheme to send fake invoices that were paid to the Respondent or that the Respondent has used the scheme to divert payment to the Respondent of genuine invoices sent to customers by the Complainant.
This is somewhat troubling, because “[p]anels are generally not prepared however to accept merely conclusory or wholly unsupported allegations of illegal activity . . . even when the respondent is in default.” ...
2019-06-17 - Case Details
D2017-1408; SAP SE v. Lakshmi Reddy Bhumireddy and P. Hareesh,
WIPO Case No. D2017-0396; Compagnie Générale des Etablissements Michelin v. Cameron Jackson,
WIPO Case No. ...
2018-01-22 - Case Details
Kirareed.net,
WIPO Case No. D2010-0851; Madonna Ciccone, p/k/a Madonna v. Dan Parisi,
WIPO Case No. D2000-0847 (“use which intentionally trades on the fame of another can not constitute a bona fide offering of goods or services”).
...
2014-10-29 - Case Details
A complaint may also fail on the basis that the alleged trademark is inherently non-distinctive. See Gordon Sumner p/a/k/ Sting v. Michael Urvan,
WIPO Case No. D2000-0596; in which the well-known English musician was denied transfer of a domain name reflecting his stage name "Sting" on the basis that "sting" is a common English word.
...
2014-10-23 - Case Details
It is the second-largest food production company in the Fortune 500, is a member of the S&P 500, and has approximately 115,000 employees at more than 400 facilities and offices in the US and around the world. ...
2014-11-13 - Case Details
D2000-0859; Monty and Pat Roberts, Inc. v. J. Bartell,
Caso OMPI No. D2000-0300; y J. P. Morgan & Co., Incorporated and Morgan Guaranty Trust Company of New York v. Resource Marketing,
Caso OMPI No. ...
2017-01-27 - Case Details
registered August 18, 2016;
P. registered December 12, 2015;
Q. registered January 9, 2016;
R. ...
2017-02-21 - Case Details
D2007-0317 and Sound Unseen, Ltd.; Apple Bottoms, LLC; and Cornell Haynes p/k/a "Nelly" v. Patrick Vanderhorst,
WIPO Case No. D2005-0636.
Consequently, all arguments put forth by the Respondent questioning the validity of any of the Complainant's TRAVELPRO Marks are rejected.
...
2016-08-19 - Case Details
Das Panel kann sich nicht einzig auf die Aussage des Bevollmächtigten der Beschwerdegegnerin verlassen, um festzustellen, dass eine solche synonyme Verwendung von „Weissenhaus” wahrscheinlicher ist als eine antonyme Verwendung (vgl. zum Beweisstandard in UDRP-Verfahren Madonna Ciccone, p/k/a Madonna v. Dan Parisi and “Madonna.com”,
WIPO Verfahren Nr. D2000-0847). Tatsächlich würde der Umstand, dass es sich um zwei räumlich getrennte und auch von den Parteien unterschiedlich benannte Ortsteile handelt, dagegen sprechen. ...
2016-05-06 - Case Details
Although the letter "a" between the letters "h" and "t" have been omitted and it is the same with the letter "s" after the letter "t" as well as the second "p" at the end of that word, the trademark WHATSAPP can still be easily recognized since the misspelled trademark remains the dominant or principal component of the domain name (see for instance, Humana Inc. v. ...
2016-05-04 - Case Details
o) At the commencement of these proceedings, the panel could not find evidence on record which showed that the expression "Duniya Dekho" had been used independently.
p) However, additional evidence was submitted by the complaint which shows that Duniya Dekho has been used independently of Cox & Kings (which is more like a House mark of the complainant) and, therefore, has a separate commercial impression quite apart from the trade mark Cox & Kings.
...
2000-07-13 - Case Details
By letter of October 14, 2005, Respondent through its counsel rejected this demand, but indicated that Respondent may be willing to assign the disputed domain name if the parties could agree on a price. Complaint, Annex P. By subsequent letter erroneously dated September 20, 2005, Complainant through its counsel reiterated its cease and desist and transfer demand. ...
2006-01-26 - Case Details
It would therefore be, for Internet users interested in the product, the most dominant feature of the domain names and would colour their perception as to what the domain names were referring to, as was the case in PepsiCo, Inc v. PEPSI, SRL (a/k/a P/E/P.S.I.) and EMS COMPUTER INDUSTRY ( a/k/a/ EMS),
WIPO Case No. D2003-0696, also cited by the Complainant.
...
2007-09-05 - Case Details
On November 14, 2006, Complainant's outside counsel sent another cease and desist letter (a copy of which appears in Exhibit P to the Complaint) to the Respondent. By this point in time, the Complainant learned that Respondent also had registered, without authorization from the Complainant, the domain names , and , each of which directed Internet users to the Respondent's website located at . ...
2007-10-09 - Case Details
The right to disseminate criticism on the Internet cannot trump the public’s right not to be deceived by a confusingly similar domain name.” (§ 31.148.50, p. 31-251)
Further:
“[U]se of the trademark of a company in the domain of a site that is devoted to criticizing or complaining about that company will constitute infringement if there is some commercial aspect...
2007-09-28 - Case Details
Thomas McCarthy, McCarthy on Trademarks and Unfair Competition (4th ed. 2005) §31:10, p. 31-35 and cases cited therein (in common law, the defense of laches bars the recovery of damages incurred before the filing of a lawsuit; this does not apply to injunctive relief in a trademark action that seeks to avoid future confusion in the marketplace).
...
2007-09-21 - Case Details
The Respondent is Virtual Point Inc., of United States of America, represented by Wakino Brett P., of United States of America.
2. The Domain Name and Registrar
The disputed domain name (the “Domain Name”) is registered with TierraNet d/b/a DomainDiscover.
3. ...
2008-10-06 - Case Details
Four such actors have filed complaints under the UDRP and prevailed in relation to their stage names (citing inter alia Ice-T (Tracy Marrow p/k/a "ICE-T" v. iceT.com a/k/a Sverrir Geirmundsson,
WIPO Case No. D2000-1234); Carmen Electra (Carmen Electra, a/k/a Tara Leigh Patrick v. ...
2009-01-12 - Case Details
Torbjörn Hellerstad,
WIPO Case No. D2000-0146; Arla, ekonomisk förening v. P D S and Tony Lennartsson,
WIPO Case No. D2000-0151 and Union des associations européennes de football v. ...
2009-05-29 - Case Details
The Complainant filed separate supplemental submissions on February 17, 2006, along with a slightly amended Complaint, and on February 25, 2006, the latter forwarded a “Request to file a Reply to the Complainant’s Multiple Responses” along with the Reply itself together with Annexes O and P. The Complainant also filed a supplemental submission on March 7, 2006.
The Center, after the last supplemental submission had been filed and through an e-mail letter dated March 10, 2006, notified the parties of the appointment of Mr. ...
2006-04-26 - Case Details