At pages 8 and 12 of the brochure are full-page images of the Complainant’s Old Course golf course, evidencing an intent to benefit from the goodwill of the Complainant’s intellectual property. A quote on page 12 states that “[p]laying golf at St Andrews is an ambition of golfers the world over[.]” It is well-known that this ambition is specific to playing the world’s oldest and most famous course, the Complainant’s The Old Course, which is associated with the ST ANDREWS trade mark.
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2013-02-25 - Case Details
You will notice that each domain is using a different email address AND the postal address looks very similar but is NOT identical”
3.3 On October 10, 2010 the Registrar sent a further email to the Center in which it stated “[p]lease note that some registrants decided to disclose their personal information” and then purported to disclose four different registrants for the domain names , , and .
3.4 The Center sent an email communication to the Complainant on October 14, 2010 providing the registrant and contact information disclosed by the Registrar, and inviting the Complainant to submit an amendment to the Complaint. ...
2010-12-28 - Case Details
In any event, as stated in section 2.11 of the WIPO Overview 3.0, “[p]anels tend to
assess claimed respondent rights or legitimate interests in the present, i.e., with a view to the circumstances
prevailing at the time of the filing of the complaint”. ...
2023-05-09 - Case Details
The Effect of a Respondent holding a Trade Mark Registration corresponding to the Disputed Domain Name – Prior Decisions under the Policy
A number of Panel decisions under the Policy have considered whether a respondent’s ownership of a registered trade mark corresponding to the disputed domain name, is sufficient on its own to establish a right or legitimate interest under Paragraph 4(a)(ii) of the Policy.
One of the early cases, was Madonna Ciccone p/k/a Madonna v. Dan Parisi and Madonna.com,
WIPO Case No. D2000-0847. In that case, the panel said:
“It would be a mistake to conclude that mere registration of a trade mark creates a legitimate interest under the Policy … To establish cognizable rights, the overall circumstances should demonstrate that the registration was obtained in good faith for the purpose of making bona fide use of the mark in the jurisdiction where the mark is registered, and not obtained merely to circumvent the application of the Policy.”
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2008-05-19 - Case Details
In the second of these two Domain Names, the letter “p” has been substituted for “o” in “house”, and the non-distinctive article “the” has been added at the front of the Domain Name. ...
2008-07-09 - Case Details
The Parties
The Complainant is Scorpion Musikproductions und Verlagsgesellschaft MBH of
An der Dörbrake 5, 29690 Schwarmstedt, Germany
The Respondent is Alberta Hot Rods of P O Box 1000, 4901 51st Ave,
High Prairie, Alberta TOG 1EO Canada
2. The Domain Name and Registrar
The domain name at issue is: , and the Registrar is CORE
Internet Council of Registrars
3. ...
2001-12-10 - Case Details
Walmarket Canada and subsequent to the transmittal of notice to Respondent via e-mail and courier mail of the initiation of this proceeding, Respondent transmitted the following message via e-mail to Complainant and its counsel:
"C O P Y
WITHOUT PREJUDICE
Mr. Pelletier:
Some time ago, before the original dispute over 'walmartcanada.com' was filed with WIPO by Mary Jane Saunders, I informed Ms. ...
2000-07-25 - Case Details
In seeking to apply these principles the Panel has looked specifically at previous cases where the above principles have been considered in relation to domain names which combine a geographical designation with the word “visit” or “discover” or “discovery”.
In Visit Faroe Islands P/F v. Pilot Whale, Save the Whales,
WIPO Case No. D2016-0110, the complainant succeeded on the first element but failed on the second element. ...
2019-11-14 - Case Details