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
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
The Complainant
submitted that "such enclosures should not be considered, being clear that
the language of the proceedings is English" (Supplement to the Complaint,
p.1).
The Complainant’s Exhibits
3-6 are written in Italian and are not accompanied by an English translation.
...
2001-07-04 - Case Details
This argument has also been accepted by even the US Courts (Playboy Enterprises vs. Chuckleberry Publishing Inc. (1996) 39 U. S. P. Q. 2d 1746 (District Court of the Southern District of New York)).
(2) Whether a particular name is identical or confusingly similar as to influence the public/customers is a question of fact that could only be answered by taking into account the conditions and circumstances of a given market and the characteristics of the given class of public/customers. ...
2003-07-24 - Case Details
被告对域名不拥有权利与合法利益
投诉人认为被投诉人注册和使用域名侵犯了投诉人就“东芝”商标享有的权利，利用了投诉人的商誉进行交易，窃取了互联网上旨在寻找投诉人的用户，所以被投诉人注册和使用域名不构成也无法构成政策第4条(c)项(i)目
定义之真正的提供
商品或服务之行为。案例依据Madonna
Ciccone,
p/k/a Madonna
v. Dan Parisi
and “Madonna.com”,
WIPO
D2000-847（裁决结果是：“故意利用他人声誉的做
法不能构成‘真正的’提供商品与服务之行为。...
2003-08-21 - Case Details
被告对域名不拥有权利与合法利益
投诉人认为被投诉人注册和使用域名侵犯了投诉人就“东芝”商标享有的权利，
利用了投诉人的商誉进行交易，窃取了互联网上旨在寻找投诉人的用户，所以被
投诉人注册和使用域名不构成也无法构成政策第4条(c)项(i)目 定义之真正的提供
商品或服务之行为。案例依据Madonna Ciccone, p/k/a Madonna v. Dan Parisi and
“Madonna.com”, WIPO D2000-847（裁决结果是：“故意利用他人声誉的做
法不能构成‘真正的’提供商品与服务之行为。...
2003-08-21 - Case Details
Factual Background
According to the Complaint at p 5, the Complainant is a Canadian corporation, that has been involved (both itself and through its predecessors) in technology development for more than 25 years, principally in relation to the processing of plant fibre. ...
2003-09-17 - Case Details
The Panel concurs with such inferences, the drawing of which precludes a finding that any offering of services by the Respondents on the Website was bona fide (see Madonna Ciccone p/k/a Madonna v Dan Parisi and “Madonna.com”,
WIPO Case No. D2000-0847; and Viacom International, Inc., Paramount Pictures Corporation, and Blockbuster Inc. v TVdot.net, Inc. f/k/a Affinity Multimedia,
WIPO Case No. ...
2011-12-02 - Case Details
However, merely establishing a business name and registering a domain name to trade off another’s reputation does not suffice to establish a right or legitimate interest safe harbor for the purpose of the Policy. Madonna Ciccone p/k/a Madonna v. Dan Parisi and "Madonna.com",
WIPO Case No. D2000-0847 is instructive on this issue. ...
2011-08-04 - Case Details
The registered trademark consists of the stylized word "Dexpan" with a stylized letter "p" that resembles a rock drill with a three-line drill bit. Below the wording is a rectangle, resembling a concrete block. ...
2012-11-07 - Case Details
Prima facie, it appears that the Respondent is not misleadingly directing Internet users to a page composed of advertisements and links in connection with the Complainant or the same industry sector as the Complainant’s trademarks and thereby seeking some illegitimate commercial gain (e.g.,: Madonna Ciccone, p/k/a Madonna v. Dan Parisi and “Madonna.com”,
WIPO Case No. D2000-0847 which held that “use which intentionally trades on the fame of another cannot constitute a ‘bona fide’ offering of goods or services”). ...
2012-05-31 - Case Details
With respect to derogatory comments on those pages and the implied criticism of “fuck” domain names, the Respondent also cites UDRP decisions on “consumer criticism” sites, with the quotation, “[p]rotest and commentary is the quintessential noncommercial fair use”, McLane Co. v. Craig,
WIPO Case No. ...
2019-10-18 - Case Details
According to Respondent, after learning about alleged hazards at Complainant’s facilities, Respondent decided to use the Disputed Domain Name to host a website as a “[p]ublic [s]ervice to warn people about the dangers present at Dover Downs Hotel & Casino.” Respondent states that he sought the advice of the Delaware State Police, who informed him he has a right to establish a website to “warn people of the dangers” of Complainant. ...
2019-06-11 - Case Details
Respondent highlights that Complainant concedes that “[p]rior UDRP panels have held that unauthorized
service providers using a domain name containing a third-party trade mark to provide services in relation to
the trade marked goods or services may be making a bona fide offering of goods or services and thus have
a legitimate interest in such domain name.”
...
2022-09-05 - Case Details
In November 2006 and as reported in various news articles, the Complainant’s web site recorded 38.7 billion U.S. page views, surpassing the then leading web portal YAHOO (a copy of such an article from “www.cnn.com” appears in Exhibit P to the Complaint). Time Magazine named as its 2006 Person of the year “you” (the public, generally), based in large part on the public’s increased compilation and dissemination of information on-line. ...
2008-03-25 - Case Details
Fifthly, an interest in one kind of intellectual property right does not necessarily
establish a right in a disputed domain name. (See e.g. Madonna Ciccone, p/k/a
Madonna v. Dan Parisi and , WIPO
Case No. D2000-0847: Deutsche Messe AG v. Kim Hyungho, WIPO Case
No. ...
2007-02-23 - Case Details
D2006-0237 (April 18, 2006); Sound Unseen, Ltd.; Apple Bottoms, LLC; and Cornell Haynes p/k/a “Nelly” v. Patrick Vanderhorst,
WIPO Case No. D2005-0636 (August 18, 2005); and True Blue Productions, Inc. v. ...
2007-07-16 - Case Details
The Complainant also makes it plain that it has not licensed, permitted or authorized the Respondent to use the Complainant’s trademark. In Madonna Ciccone, p/k/a Madonna v. Dan Parisi and “Madonna.com”,
WIPO Case No. D2000-0847 the Panel stated that “use which intentionally trades on the fame of another can not constitute a ‘bona fide’ offering of goods or services”.
...
2011-01-11 - Case Details
Nor is this the sort of case where it can be said that the domain name has been registered to trade off “the reputation of the complainant’s mark by attracting users to the respondent’s web site, or diverting users to the sites of the complainant’s competitors.” (Lindsay, International Domain Name Law, at p 279). On the other hand, there is no evidence that the disputed domain name has been used for purposes that are now well established as legitimate, such as for bona fide commercial purposes, bringing the case within paragraph 4(c)(i), or as a fan site or free speech or criticism site, bringing it within paragraph 4(c)(iii) of the Policy.
...
2010-10-01 - Case Details
D2000-1840 (for offering under paragraph 4(c)(i) to be considered bona fide, domain name use must be in good faith under paragraph 4(a)(iii)). See also Madonna Ciccone, p/k/a Madonna v. Dan Parisi and “Madonna.com”,
WIPO Case No. D2000-0847; Trade Me Limited v. Vertical Axis Inc,
WIPO Case No. ...
2010-05-25 - Case Details