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UDRP CASE SUMMARY ARCHIVES - DOMAIN NAME LEGAL DISPUTES

Babydior.com et al.| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - French trademark - U.S. - trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - - Famous names - Well known marks - World famous marks - Dilution.
- Complainant was registrant of trademarks Christian Dior, Dior, and Baby Dior with both - the United States and France. Respondent registered the domain names, babydior.com - and babydior.net. Complainant alleged that its registered trademarks were identical or - confusingly similar to the domain name and that the domain name was registered by the - Respondent in bad faith. Held, Name Transferred to Complainant. Complainant must establish both bad faith registration and use. [Commenced: February 9, 2000 Judgement: March 24, 2000] - 10

Babbitt.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - U.S. Service mark - Confusingly similar - Bad faith registration not - found - Offer to rent domain name from Complainant.
- Complainant was holder of registered service mark "Babbitt." Respondent registered - domain name "babbitt.com". - Held, Name Not Transferred to Complainant - Complainant to secure relief must prove the following: 1. The domain name is identical or - confusingly similar to a trademark or service mark in which Complainant has rights; 2. - Respondent has no rights or legitimate interest in respect to the domain name; 3. - Complainant has registered and used the domain name in bad faith...[Commenced: 16 March 2000 - Judgement: 14 April 2000].4|U.S. Service mark| 11

Vybar.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - - Confusingly similar - Bad faith registration - Bad faith use - Legitimate Interest - - Unfair competition.
- The Complainant is the owner of the trademark term "Vybar". The Complainant alleges - that the domain name "Vybar.com", which was registered by the Respondent, sells - products which are identical or confusingly similar to the Complainant's products. - Held, Name Transferred to Complainant. - The domain name "Vybar.com" is nearly identical and confusingly similar to the - trademark held by the Complainant and to which Respondent has no right or legitimate interest. [Commenced: 3 February 2000 Judgment: 14 March 2000] - Commenced February 2000 , Judgement March 2000| 12

Beautyco.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - U.S. Service mark - Likelihood of confusion - Bad faith registration.
- Complainant is the owner of the Service Mark "BEAUTYCO" . Complainant has - expended time, effort and money in promoting the use of the name "Beautyco" and - "Beautyco, Inc." for business purposes for more than twenty years. Respondent registered - the domain name "BEAUTYCO.COM". There is no evidence in the record that - Respondent has used the domain name for any purpose. The respondent did not defend - this action. - Held, Name Transferred to Complainant. There is a likelihood of consumer confusion and mistake if the name "BEAUTYCO.COM" is used by an entity other than Complainant. [Commenced: 9 March 2000 Judgment: April 10, 2000] - 30.00U.S. Service mark| 14

Calstore.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - Service Mark - - Confusingly similar - Identical - Bad faith registration - Bad faith use - - Simultaneous attempt to register.
- Complainant was registrant of service mark. Respondent registered domain - name Calstore.net. Complainant alleged its service mark was identical to the - registered domain name and that Respondent had no legitimate interest in it - and was using it in bad faith.HELD, Name Not Transferred to Complainant. [Commenced: February 23, 2000 -> Judgment: March 20, 2000]| 15

Benihanaoftokyo.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
- Complainant was registrant of United States trademark BENIHANA OF TOKYO. - Respondent registered the domain name, benihanaoftokyo.com. Complainant alleged that - its registered marks and the registered domain name were identical and that Respondent - registered the domain name at issue in bad faith. - Held, Name Transferred to Complainant. It is clear that the domain name BENIHANAOFTOKYO.COM is identical or confusingly - similar to the service mark and trademark... [Commenced: ... Judgment: 9 March 2000] - Judgement March 2000| 16

Bestwestern-hotel.com et al.| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - U.S. Service - mark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Domain - name brokerage.
- Complainant was registrant of United States trademark and service mark, BEST - WESTERN. Registrant registered the domain names, bestwesterngr.com and - bestwestern-hotel.com. Complainant alleged that its registered marks and the registered - domain name were identical and that Respondent registered the domain names at issue in - bad faith. - Held, Names Transferred to Complainant - Complainant must establish both bad faith registration and bad faith use. [Commenced: March 9, 2000 Judgment: April 12, 2000] - Commenced March 2000 , Judgement April 2000| 17

Beveragesandmore.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Cybersquatting - Domain name dispute resolution policy - U.S. Service mark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Due Process - Ethics.
Complainant was registrant of two United States service marks, BEVERAGES, & MORE! And BEVERAGES & MORE!. Registrant registered the domain name, beveragesandmore.com. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. The domain name BEVERAGESANDMORE.COM is identical or confusingly similar to the service marks registered and used by Complainant. [Commenced: 1 February 2000 Judgment: March 9, 2000] 18

Bigdog.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - - Confusingly similar - Identical - Bad faith registration - Bad faith use - Diverting - business through domain name - Name transferred. -
Complainant was registrant of United States trademark. Registrant registered the - domain name, www.bigdog.com. Complainant alleged that its registered marks and its - Internet website address, www.bigdogs.com, were identical to the registered domain name - and that Respondents registered the domain name at issue in bad faith. - Held, Name Transferred to Complainant. [Commenced: 3 February, 2000 - Judgment: 9 March, 2000] - U.S. Trademark| 19

Bloom-berg.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - Confusingly similar - Identical - - No rights or legitimate interest - Bad faith use - Bad faith registration - Trademark - - Service mark. -
Complainant, registrant of Bloomberg.com, is a U.S. limited partnership that is - recognized as a leading financial information source around the world. - Respondent subsequently registered the disputed domain name, bloom-berg.com

Held, Domain name transferred to Complainant Based on their correspondences, Complainant believes that Respondent registered the disputed domain name for the primary purpose of selling or otherwise transferring the domain name to the owner of the Bloomberg.com for valuable consideration... [Commenced: March 21, 2000 Judgment: April 24, 2000]
- Confusingly similar| 20

Blueridgeknife.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - Supplemental Rules - U.S. Trademark - Identical -Legitimate interest - Confusingly similar - Cancelled - Cancellation - Commercial - Transfer - Relinquish - Bad faith registration - Bad faith use.
Complainant was owner of two United States trademark registrations for BLUE RIDGE KNIVES. Respondent registered the domain name, blueridgknife.com. Complainant alleged that Respondent has no rights in the trademark which is identical to the domain name and that Respondent registered the domain name at issue in bad faith. Held, Name Cancelled [Commenced: 16 March 2000 Judgment: 25 April 2000] - Cancellation| 21

Bodyandsoul.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution - Wrongful registration - Confusion - with trademark - Misrepresentation - Lack of intention to develop
- Complainant acquired trademark Body and Soul. Registrant registered domain name - BODYANDSOUL.COM. Complainant claims that registered domain name is identical and - confusingly similar. Registrant registered domain name in bad faith. - Held, Name Transferred to Complainant - Complainant wrongfully registered domain name. Domain name BODYANDSOUL.COM is - very similar to the registered trademark Body and Soul. The Registrant had no legitimate - interest or rights regarding the domain name... [Commenced: 3 March 2000 Judgement: 12 April 2000] 22

Bonide.com| - Read the case summary - Decision: 29-Jul-2000
Bad faith use and registration - ICANN's Uniform Domain Name Dispute Resolution - Policy - Offers to sell domain name in excess of out-of-pocket expenses - Domain name - identical to trademark - False contact information.
That Complainant is the owner of the mark BONIDE and Complainant holds the U.S. Trademark Registration for the mark BONIDE. Bonide is a Trademark for fertilizers for commercial, agricultural and domestic use as a pesticide, herbicide, fungicide and insecticide. Respondent registered BONIDE.COM as its domain name. Respondent does not enjoy a relationship with Complainant as a licensee or otherwise. Held , domain name transferred to Complainant. [Commenced: 28 February 2000 Judgement: March 31 2000] - agricultural and domestic use as a pesticide| 23

Botox.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark -Identical - Confusingly similar - Bad faith registration.
Complainant was registrant of three U.S. trademarks for "BOTOX. Respondent registered domain name, BOTOX.COM. Complainant alleged that the domain name and trademark were identical and that the Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. Two telephone conversations took place between the parties. In the first conversation Respondent offered to sell the domain name for 5000u.s. and in the second, he increased the price to 10,000u.s. [Commenced: 29 January, 2000 Judgement: 8 March, 2000] 24

Budgetsaver.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Confusingly similar - Bad faith registration - Bad faith use - Legitimate Interests.
Complainant owns the BUDGETSAVER trademark. The domain name at issue is the Respondent's registration of budgetsaver.com. Complainant alleges that the domain name and its trademark are confusingly similar and that the Respondent registered the name in bad faith. Held, Name Transferred to Complainant The use of the dollar sign and of styled fonts in the trademark BUDGETSAVER are easily associated with the letter "s". [Commenced: 13 February 2000 Judgment: 14 March 2000] - Bad faith| 25

Cartoys.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - Trademark - Servicemark - Identical - Confusingly similar - Bad faith - Legitimate interest - Good faith use - Associated business - Fanciful name - Secondary meaning - Famous name
The Complainant is Car Toys, Inc., a Washington corporation located in Seattle, WA. Car Toys, Inc. operates a business of selling automobile accessory products and services and has been using the CAR TOYS trademark since 1987. Car Toys, Inc also has the domains for cartoys.com and cartoys.org. Respondent Informa Unlimited, Hollywood, FL, registered the cartoys.net domain name with Network Solutions on July 30, 1998... Held, Name Not Transferred. [Commenced: ...2000 Judgment: 20 March 2000] - Good faith use| 26

cellularonechina.com| - Read the case summary - Decision: 29-Jul-2000
ICANN Uniform Domain Name Disputed Resolution Policy - Domain name which is - identical or confusingly similar to service mark and trademark - Legitimate interests in - respect to the domain name - Bad faith use and registration - Non-exclusive criterion of - bad faith use.
- Complainant owns numerous U.S. and international trademark registrations and - applications for the mark CELLULARONE, many of which are well known. Other than to - register the Domain Name cellularonechina.com, Respondent has made no use of it and, - in particular, no web site exists for the Domain Name. - Held, domain Name be transferred to the Complainant. [Commenced: ...2000 Judgment: 10 March 2000] - Non-exclusive criterion| 27

Channel-d.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use
Complainant was registrant of United States trademark and service mark, CHANNEL D. Registrant registered the domain names, channel-d.com. Complainant alleged that its registered mark and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Not Transferred to Complainant Although the domain name, channel-d.com is almost identical to Complainant's registered mark, Complainant failed to show that the domain name was registered in bad faith. [Commenced: ...2000 Judgment: 14 March 2000] - 11Bad faith| 28

Chemrod.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - No response from Respondent - Business competitors - Identical - Confusingly similar -Bad faith registration - Bad faith use - Hyphens.
``Complainant is owner of Trademark Chem-Rod in relation to the sale of products that - protect buildings and structures from lightning. Respondent registered the domain - chemrod.com. Respondent has made no use of the domain name and is in fact a - competitor of the Complainant. Complainant alleges that Respondent has registered and - used the domain name in bad faith. Respondent did not respond to complaint. - Held, Name should be transferred. [Commenced: March 22, 2000 ... Judgment: April 19, 2000] 29

Chicago-tribune.net| - Read the case summary - Decision: 29-Jul-2000
Late filed response - Offer to sell domain name to complainant - Charitable and political activities as commercial gain - Solicitation to join organization - Multiple holders of trademark with similair names.
The Complainant is The Chicago Tribune Company, which is the name of a well-known daily newspaper and is instantly recognizable across the United States. Complainant also maintains a presence on the Internet through use of its "Chicago Tribune" trademark as a - part of its registered - domain name chicagotribune.com. Respondent, Jose P. Varkey, is an individual - resident of Hollywood, California. Respondent registered the domain name at issue - chicago-tribune.net on December 8, 1998... Held, Domain Name Transferred. [Commenced March 9, 2000 Judgement: May 9, 2000] - Late filed response| 35

Cortefiel.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - Registered Spanish trademark - Registered trademark abroad - Famous names - Registration sequence - Confusingly similar - Uncontested - No legitimate interest - Bad faith registration - Bad faith use.
Complainant is registrant of the trademark Cortefiel both in Spain and abroad. Most - Spaniards would immediately identify the Cortefiel brand and relate it to the - Complainant. Complainant has vigorously defended its intellectual property rights in all - trademark classes, with complete success. Respondent has registered the domain name cortefiel.com... Held, Name Transferred to Complainant [Commenced: 8 March 2000 Judgement: 24 April 2000] 36

Cosco.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - Chinese Service mark - Hong Kong Service mark - Bad faith registration - Bad faith use - Identical - Confusingly similar.
``Complainant was registrant of service mark COSCO under U.S., Chinese, and Hong - Kong jurisdiction. Respondent registered the domain name, COSCO.COM. Complainant - alleged that Respondent registered the domain name at issue in bad faith. - Held, Name Transferred to Complainant - On February 14, 2000, Complainant sent an email enquiry to Respondent asking what - price Respondent sought to transfer the domain name at issue to Complainant. [Commenced: March 17, 2000 Judgment: March 28, 2000] - No2|Chinese| 38

Craftwork.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - Domain hijacking - U.S. Trademark - Design elements - Legitimate interest - Bad faith registration - Bad faith use - Fanciful names - Arbitrary names - Famous marks - Secondary meaning - Descriptive marks - Generic marks.
Complainant was owner of two United States trademark registrations. Respondent - registered the domain name, craftwork.com. Complainant alleged that Respondent had - no legitimate interest in the domain name and is using it in bad faith. - HELD, Name Not Transferred to Complainant. - There can be no question that the domain name CRAFTWORK.COM is identical to the - trademark CRAFTWORK in which the Complainant, General Machines, has rights. [Commenced: 17 January 2000 -> Judgment: ... ] 30

ColgatePalmolive.com et al.| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - International trademark - Service mark - Identical - Confusingly similar - bad faith registration - History of bad faith registration - Well-known marks - Famous marks.
Complainant was registrant of several trademarks in United States and internationally - for COLGATE PALMOLIVE. Respondent registered the domain names, - COLGATEPALMOLIVE.COM, COLGATE-PALMOLIVE.NET and - COLGATEPALMOLIVE.NET. Complainant alleged that Respondent had no legitimate - interest in the domain names and registered them in bad faith. - Held, Names Transferred to Complainant. [Commenced: 28 February 2000 -> Judgment: 7 April 2000] - 15International trademark| 39

Creditconnection.com et al.| - Read the case summary - Decision: 29-Jul-2000
Domain name - United States Service mark - United States Trademark - Uniform Domain Name Dispute Resolution Policy - Confusingly similar - Identical - Bad faith use - Bad faith registration - Insufficient evidence.
Complainant is the owner of the mark, CREDIT CONNECTION. Complainant also - registered domain name, CREDITCONNECTION.COM. Respondent registered domain - name, CREDITCONNECTION.ORG. Complainant alleged that its registered mark and - the registered domain name of the Respondent were confusingly similar and that the - Respondent registered the name in bad faith. - Held, Name Not to be Transferred to Complainant. [Commenced: 1 February 2000 -> Judgment: 17 March 2000 Administrative Panel Decision] - No 31

ComingAttractions.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Generic names - Descriptive names - Widespread use of name predates registration - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Rights or legitimate interest - Bad faith registration - Bad faith use.
Complainant was registrant of trademark, COMING ATTRACTIONS. Registrant - registered the domain name, comingattractions.com Complainant alleged that its - registered marks and the registered domain name were identical and that Respondent had - no legitimate rights or interests in the domain name and registered the domain name at - issue in bad faith. - Held, Name Not Transferred to Complainant. [Commenced: 23 March, 2000 -> Judgment: 11 May, 2000] 32

Computerfutures.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Practice - Stay of proceedings - Disclaimer.
Two preliminary issues were raised. - First, eResolution Supplemental Rules, Paragraph 18 provides that in the event of any - legal proceedings initiated prior to or during an administrative proceeding, the Panel - shall have the discretion to decide whether or not to suspend or terminate the - administrative proceeding. - Held, Name Transferred to Complainant. [Commenced: 15 February, 2000 -> Judgment: 29 March, 2000] 33

Concierge.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Generic names - Secondary meaning - Domain name dispute resolution policy - Canadian Trademark registration - Famous marks - Late-filed submissions - Identical - Rights or legitimate interest - Good faith registration - Good faith use.
Complainant was registrant of Canadian trademark, CONCIERGE and domain name - concierge.ca. Registrant registered the domain name, concierge.com. Complainant - alleged that its registered marks and the registered domain name were identical and that - Respondent registered the domain name at issue in bad faith. - Held, as per Ayers and Carson, Domain Name remains the property of Respondent. [Commenced: 3 February 2000 -> Judgment: 28 March 2000] 34

Cordstrap.com| - Read the case summary - Decision: 29-Jul-2000
Domain name- ICANN'S Rules for Uniform Domain Name Dispute Resolution Policy- - National Arbitration Forum's Supplemental Rules- Identical- Bad faith registration- - Bad faith use- No legitimate interest- Distinctive value- Disrupt business- Commercial - gain- Likelihood of confusion- Prevent from reflection of the mark-Generic names-Descriptive names
Complainant is a Dutch company and has trademark registration of the mark - CORDSTRAP. Complainant sought to register CORDSTRAP.COM as a domain but - learned that Respondent had registered the identical domain name. Held, Name Transferred to Complainant. [Commenced: February 21, 2000 -> Judgment: April 5, 2000] 44

Current.com| - Read the case summary - Decision: 29-Jul-2000
Infringement on trademark - Failure to use domain name - Knowledge of trademark (actual or constructive) - Predecessors in interest - Failure to respond as evidence of bad faith registration - Actual notice or constructive notice of prior use.
Complainant, through its predecessor in interest, Current Inc., has owned at least four - federal registrations for the mark CURRENT. Respondent, an entity named Current - Event, from California, registered current.com as a domain name. Claimant informed - Respondent that its registration of current.com as a domain name violated its trademark - rights. Those notices were mailed to the address provided by Respondent. Held, Domain Name Transferred. [Commenced: March 9, 2000 -> Judgement: April 17, 2000] - Infringement on trademark| 37

countryhome.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution - Confusion with trademark - Legitimate interests by Respondent - No bad faith registration.
Complainant owned trademark to Country Home. Registrant registered domain name - COUNTRYHOME.COM in anticipation of expansion into real estate business in rural - areas. Complainant complains domain name is identical and confusingly similar, that - Respondent had no rights or legitimate interests and domain was registered in bad faith. - Held, Name Not Transferred to Complainant - Complainant has to establish the following in order to have a domain name transferred: ... [Commenced: 29 March 2000 -> Judgement: 18 May 2000]s|| 40

Creo-scitex.com| - Read the case summary - Decision: 29-Jul-2000
Second level domain name - Domain name dispute resolution policy - Canadian corporation - Israeli corporation - Name of Respondent - U.S. Trademark - U.S. Service mark - Disparate multiple trademark owners - Combination of trademarks - Response to Complaint - Identical - Confusingly similar - closely similar - Rights or interests - Evidence of bad faith registration and use - Practice.
Two organizations purport to join together as the Complainant: Creo Products Inc, a - Canadian corporation and Scitex Corporation, an Israeli corporation. Complainant Creo - Products was registrant of United States trademark and service mark CREO...Held, Domain Name Not Transferred to Complainant [Commenced: March 27, 2000 -> Judgment: May 1, 2000]| 41

Crew.com| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Trade mark - Service mark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate interest - Speculation.
Complainant was registrant of United States trademark. Registrant registered the domain name, crew.com. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant Complainant must establish both bad faith registration and bad faith use. [Commenced: February 10, 2000 -> Judgement: April 20, 2000] 42

Csa-canada.com et al| - Read the case summary - Decision: 29-Jul-2000
Domain Name - Domain Name Dispute - Uniform Domain Name Dispute Resolution Policy - Trademark - Registration - Service Mark - Bad Faith Registration - Bad Faith Use - Identical Name - Confusingly similar - Generic names - Freedom of Speech - Fair Use.
Complainant is registrant of several trademarks and domain names, which include CSA.CA, and CSA-INTERNATIONAL.COM. Respondents are registrants of names CSA-CANADA.COM and CSA-INTERNATIONAL.NET. Complainant alleges that Respondent's domain names are identical or confusingly similar with Complainant's - registered marks, that Respondents have no rights or legitimate interests in respect of - domain name and that domain name has been registered and is being used in bad faith. Held: Names Transferred to Complainant. [Commenced: February 23, 2000 -> Judgment: March 24, 2000] 43

Cunard.com et al.| - Read the case summary - Decision: 29-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Confusion as to source, sponsorship, affiliation, or endorsement.
Complainant, a cruise ship company in business for over 160 years, was the registrant of CUNARD and a number of related United States service marks and trademarks. - Complainant had registered CUNARD.COM, CUNARDLINES.COM and - CUNARDLINE.COM with Network Solutions, Inc. and had a pending trade mark - registration for CUNARD.COM. Respondent registered the domain name - CUNARDCRUISE.COM with intent to market Complainant's services. Held, Name Transferred to Complainant [Commenced: ...2000 -> March 8, 2000 Judgment: March 8, 2000] 50

Moanapacific.com| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Inaction.
Complainant, a company incorporated in New Zealand, carries on business as a processor, exporter and distributor of seafood and seafood products. Complainant is registered under the trade-name and mark MOANA PACIFIC. Respondent, a company incorporated in California, carries on a fisheries business which is similar to and competes with the Complainant's fisheries business both in New Zealand and overseas, including the USA. Respondent registered the domain name at issue, moanapacific.com, after the Complainant's trademark registration... Held, Name Transferred to Complainant [Commenced: March 21, 2000 -> Judgement: April 26, 2000] - Confusingly similar| 51

Morrisonfoerster.com et al.| - Read the case summary - Decision: 30-Jul-2000
Failure to respond - Failure to use domain name as evidence of bad faith - Common misspelling of trademark as domain name - Failure to maintain accurate contact information - Cyberpiracy.
Complainant has been offering and providing legal services exclusively under the trademark MORRISON & FOERSTER since 1975. Complainant owns trademark registrations for the service mark MORRISON & FOERSTER for legal services. Respondents, using the names NameIsForSale.com and Morri, Son & Foerster, registered the domain names morrisonfoerster.com, morrisonandfoerster.com, morrisonforester.com and morrisonandforester.com. Complainant filed its complaint with the National Arbitration Forum in compliance with the rules. Respondent did not submit a response to The Forum. Held, Domain name Transferred. [Commenced: March 9, 2000 -> Judgement: April 17, 2000] 52

M-power.net| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Confusingly similar - Bad faith registration - Bad faith use.
The Complaint is based on the trade mark MPOWER, which the Complainant (under its former name MGC Communications, Inc.) applied to register in the United Stated on November 23, 1999. The Respondent registered the domain name "m-power.net" on May 18, 1999. On November 22, 1999, Respondent's e-mail confirmed that it has acquired the domain name for the sole purpose of reselling the domain name registration to the highest bidder, for valuable consideration in excess of its out-of-pocket expenses directly related to the domain name. The Respondent disagrees that the Complainant has any rights in or to the trademark MPOWER. Held, Name Not Transferred to Complainant. [Commenced: 24 February 2000 -> Judgment: 3 April 2000] 53

Musicweb.com| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of United States service mark and United States trademark. Registrant registered the domain name, MUSICWEB.COM. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. An attempt to sell a domain name for profit is sufficient evidence of registration and use in bad faith... [Commenced: 9 December 1999 -> Judgment: February 17, 2000] - music| 45

Marriot-Hotels.com| - Read the case summary - Decision: 30-Jul-2000
Domain name - Uniform Domain Name Dispute Resolution Policy - ICANN - US Service Mark - US Patent and Trademark - Identical - Confusingly similar - Wide use and advertisement - Bad faith registration - Bad faith use
Complainant holds the Service Mark in the name "Marriott Hotels" from the United States Patent and Trademark Office, since 1984. Registrant registered the domain name, Marriot-Hotels.com, on December 26, 1998. Complainant operates one of the world's largest hotel, restaurant and hospitality companies under the name Marriott or Marriott Hotels. Complainant contends that Respondent has no legitimate interests in respect to the domain name and that Respondent registered the domain name in bad faith. Held, Name Transferred to Complainant [Commenced: February 24, 2000 -> Judgement: March 30, 2000] - US Patent and Trademark| 46

Gilbarcoeclipse.com| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - Worldwide Service mark - Worldwide Trademark - Trade Names - Nearly Identical - Confusingly similar - Bad faith registration - Bad faith use
The Complainant is the owner of trademarks, service marks, and trade names that include the terms "Gilbarco" and "Eclipse". Gilbarco and Eclipse have been used continuously and extensively by the complainant in interstate and international commerce. The Complainant alleges "Gilbarcoeclipse.com" is identical or confusingly similar to the Complainant's registered trademarks. Held, Name Transferred to Complainant. The domain name "Gilbarcoeclipse.com" is nearly identical and confusingly similar to trademarks in which Complainant has rights and to which Respondent has no right or legitimate interests...[Commenced: 31 January 2000 -> Judgment: 4 February 2000] 47

Microsoft.org| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was the registrant of the trademark and service mark MICROSOFT in association with computer software and related services. Complainant claims use of the mark since 1975. Respondent is the administrative contact for the domain MICROSOFT.ORG, whose registrant of record is "If you want this domain, please contact me." Respondent has not contested the allegations of the Complaint and is in default. Held, Name Transferred to Complainant [Commenced: 14 February, 2000 -> Judgment: 10 April, 2000] 48

Miguard.com| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - Registered trademarks in United Kingdom - Application to United States Patent and Trademark Office pending - Identical - Legitimate Interest - Bad faith registration - Bad faith use - Domain name trafficking - Name of household guard dog - Suspicious timing.
Complainant is the owner of trademarks registered in Great Britain and Northern Ireland, and has an application pending with the United States Patent and Trademark Office. Respondent registered the domain name, miguard.com. Complainant alleged that Respondent has no legitimate interest in the domain name and is using it in bad faith. HELD, Name Not Transferred to Complainant. [Commenced: March 21, 2000 -> Judgment: April 3, 2000] 49

Mikimoto.com| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Famous marks - Legitimate interest - Identical - Confusingly similar - Consumer confusion - Non-commercial use - Disturbing competitor - Disrupting competitor - Disclaimers - Disclaimers of association - Meta tag warnings - Bad faith registration - Bad faith use.
Complainant was the registrant of two United States trademarks on which the disputed domain name was allegedly based. Respondent registered the domain name, mikimoto.com. Complainant alleged that domain name was identical to registered trademark and was, therefore, registered and used in bad faith. Held, Name Transferred to Complainant. [Commenced: 14 February 2000 -> Judgment: 8 April 2000] - 14Legitimate interest| 60

Nokiagirls.com| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - Nokia - Confusingly similar - Bad faith use and registration - Aggravating element - Domain name cancelled - Hyperlinks - Banner ads - Click-throughs.
Complainant is Nokia Corporation, a corporation organized and existing under the laws of Finland, with the registered trademark "NOKIA". The Domain Name at issue is Nokiagirls.com which was registered by the Respondent. The Domain Name is connected to a web site displaying a menu with the words "COMPAQ", "IBM", "HP", "DELL", "GETWAY", the picture of a woman's face and shoulder and a rotating banner which was hyperlinked to such sites as shopnow.com, altavista.com, and webprovider.com. Held, Respondent's Domain Name Cancelled [Commenced: March 5, 2000 -> Judgment: April 18, 2000] - 11Domain name cancelled| 61

Officespecialists.com| - Read the case summary - Decision: 30-Jul-2000Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use -Uncontested - Dilution - Tarnishment - Anti-Cybersquatting Consumer Protection Act - Cyberpiracy - Cybersquatting
Complainant was registrant of United States service mark and United States trademark. Registrant registered the domain name, officespecialists.com. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. Complainant must establish both bad faith registration and bad faith use... [Commenced: 9 February, 2000 -> Judgment: 24 March, 2000] 54

Nandos.com| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - Non-resident company - Registered trademark - Food Preparation - Chicken - South Africa trademark - U.S. trademark application - India trademark application - Trademark pending -Liscense Arrangement - Reputation - Goodwill - Foreign language - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of South Africa trademarks "Nandos" and "Nandos Chickenland" and had traded using these trademarks individually or in combination, since 1989, in relation to prepared food, particularly chicken. Trademarks are also registered in various other countries and trading has been done using them. Although the trademark appears as "Nando's Chickenland" in most countries, in the United Kingdom, the trademark appears as "Nandos Chickenland"... Held, Name should be transferred. [Commenced: April 6, 2000 -> Judgment: May 23, 2000]4|5Food| 55

Cybergauge.com| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Bad faith registration - Legally protectable rights - Domain Use - Legitimate Interests.
The Complainant is the owner of the trademark "CYBERGAUGE" that was registered with the United States Patent and Trademark Office. The Complainant has been selling goods domestically, internationally and over the Internet under the name "CyberGauge". The Respondent registered the domain name cybergauge.com. Held, Name Transferred to Complainant. The Complainant has valuable and legally protectable rights in the mark: "CYBERGAUGE," dating back four years or more. [Commenced: 4 February 2000 -> Judgment: 13 March 2000] - U.S. Trademark| 56

Omniloan.com| - Read the case summary - Decision: 30-Jul-2000Domain name - Domain name dispute resolution policy - Service mark - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of service mark and trademark. Respondent registered domain name, omniloan.com. Complainant alleged that Respondent's domain name was identical to Complainant's registered marks and that Respondent registered the domain name in bad faith. Held, Name Transferred to Complainant Complainant must establish both bad faith registration and bad faith use. The domain name "omniloan.com" is nearly identical and confusingly similar to the registered marks of the Complainant. The Respondent has no right or legitimate interests with respect to the domain name. This is bad faith registration... [Commenced: 18 January 2000 -> Judgment: 22 February 2000] 57

Netgrocer.org| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - Service Mark - Confusingly similar - Identical - Legitimate interest - Bad faith registration - Bad faith use.
Complainant was registered owner of service mark. Respondent registered the domain name netgrocer.org. Complainant alleged that its service mark and its web address, netgrocer.com, were identical to Respondent's registered domain name and that Respondent had no legitimate interest in the domain name. HELD, Name Not Transferred. Complainant is the owner of the United States service mark NETGROCER, used in commerce since 1997 and registered in 1999. In addition, Complainant registered the domain name netgrocer.com in 1995 and has widely used this domain name on the Internet. [Commenced: February 29, 1999 -> Judgement: April 7, 2000] - Legitimate interest| 58

Networksystems.com| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Descriptive names.
Complainant was registrant of United States service mark and United States trademark for "network systems". Registrant registered the domain name, networksystems.com. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name not transferred Complainant must establish both bad faith registration and bad faith use. Complainant points out the obvious identical nature of the domain name at issue and its trademarks and notes that Respondent has acknowledged actual confusion on the part of some members of the public who have sent email to Respondent or visited Respondent's website... [Commenced: 24 February, 2000 -> Judgment: 20 March, 2000] - 59

Niketown.com| - Read the case summary - Decision: 30-Jul-2000
Domain name - Domain name dispute resolution policy - Nike - No legitimate interest - Bad faith registration -Bad faith use - Competing legal interest - Contractual relations.
The Complainant is NIKE Inc., a corporation organized and existing under the laws of the State of Oregon (U.S), and the registered proprietor of US trademark for NIKE TOWN. The Complainant currently operates 13 retail outlets trading under the mark NIKETOWN. Respondent's principal place of business is in Omaha, Nebraska, USA. The Respondent had a contractual relationship with the Complainant whereby the Respondent was to establish an in-depth virtual and on-line marketing concept on behalf of the Complainant, in exchange for a significant sum of money (the Contract). Held, Domain Name transferred to the Complainant. [Commenced: March 4, 2000 -> Judgment: May 2, 2000] - Contractual relations| 62

Maersksealand.com et al.| - Read the case summary - Decision: 30-Jul-2000
Offer to sell domain name - Registration of domain name with intention to sell - Domain name infringing on copyright - Anticipatory infringement of trademark - Merger of trademarks - Famous marks - Distinctive names - Acquired Distinctiveness - Secondary meaning - Descriptive names.
Complainant is A.P. Mller, a Danish corporation, with its principal place of business in Denmark. Complainant acquired part of Sea-Land's business and all trade names and marks related to it, including the SEA-LAND mark. Complainant is now trading under the name "Maersk Sealand" and has registered the domain name maersk-sealand.org under that name. Respondent, a Korean based company called Web Society, registered the disputed domain names on December 14, 1998. Complainant has seen no evidence of use of either domain name in connection with an active web site... Held, Domain Name Transferred. [Commenced: March 7, 2000 -> Judgement: April 15, 2000] 64

Veuvecliquot.com| - Read the case summary - Decision: 2-Aug-2000
Domain name - Domain name dispute resolution policy - Registered trademarks - Identical - Legitimate Interest - Bad faith registration - Bad faith use - Domain name trafficking - World-famous mark - Offer to sell domain name - Opportunistic bad faith.
Complainant contends that their world-famous name and mark, VEUVE CLIQUOT, is being used in bad faith by Respondent through the domain name, VEUVECLIQUOT.ORG, owned by Respondent. HELD, Name Transferred to Complainant. ``Complainant produces world-famous champagne in several styles and currently sells it in over one hundred countries. Complainant or its predecessors and associated corporations own registered trademarks of VEUVE CLIQUOT in many countries... [Commenced: March 22, 2000 -> Judgment: May 1, 2000] 65

Vitamist.com| - Read the case summary - Decision: 2-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - - Identical - Confusingly similar - Bad faith registration - Bad faith use.
- Complainant was registrant of United States trademark. Registrant - registered the domain name, vitamist.com. Complainant alleged that its - registered marks and the registered domain name were identical and that - Respondent registered the domain name at issue in bad faith. - Held, Name Transferred to Complainant. - The Complainant must establish both bad faith registration and bad faith use. - It is clear that the domain name VITAMIST.COM is identical... [Commenced: March 13, 2000 -> Judgment: April 12, 2000] 66

Walmartcanada.com| - Read the case summary - Decision: 2-Aug-2000
Domain name - Domain name resolution policy - U.S. Trademark - Canada Trademark - Cease and desist - Bad faith registration - Bad faith use - Confusingly similar.
Complainant holds registrations for the mark Wal-Mart for use in retail department stores in the U.S. and Canada and also holds registrations in 46 other countries, including Thailand. Respondent registered the domain name walmartcanada.com. Two days after such registration, Respondent company's owner sent a message to Complainant stating that he owned the domain name, and suggested that Complainant may be interested in purchasing it... Held, Name Transferred to Complainant. [Commenced: March 24, 2000 -> Judgment: May 2, 2000] 67

Webergrill.com| - Read the case summary - Decision: 2-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - - Bad faith use - Reverse Hijacking - Jurisdiction of the Panel - Authorized - Dealer - Proper Forum -Cybersquatting.
- Complainant is the owner of several U.S. Trademark Registrations for - several variations of the mark WEBER, as detailed in Attachment A hereto. - Complainant is the manufacturer of Weber grills and related products and - services. - Respondent registered numerous domain names with the trademarked name weber... Held, Names Not Transferred to Complainant. [Commenced: 20 March 2000 -> Judgment: 11 May 2000] 68

Websterhall.com| - Read the case summary - Decision: 2-Aug-2000
Domain name - Domain Name Dispute Resolution Policy - Trademark - - Confusingly similar - Legitimate interests - Bad faith use
Complainant owns the trademark Webster Hall. Respondent registered - domain name Websterhall.com. Complainant alleged that Respondent's - domain name is confusingly similar to its mark, and that Respondent had no - legitimate interests in the name and consequently used it in bad faith. The - Respondent has not replied to complaint in this dispute. - Held, Name cancelled. - Complainant must establish that the Respondent has no legitimate interests, - and bad faith use. 69

Wmfinancialservices.com| - Read the case summary - Decision: 2-Aug-2000
Domain name - Domain name dispute resolution policy - No response filed within time limit- Common law rights - US Trademark application - US Service mark application - Attempt to confuse and mislead - Bath faith registration - Bad faith use.
Complainant is composed of corporations with common law rights and trademark applications in "WM Financial Services" in relation to various financial services. Respondent registered the domain name wmfinancialservices.com and offered to sell the domain name to the highest bidder. Correspondence relating to the sale of the domain name asserts a connection between Respondent and Complainant...Held, Name should be transferred. [Commenced: March 24, 2000 -> Judgment: May 11, 2000] 70

Worldwrestlingfederation.com| - Read the case summary - Decision: 2-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark- U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of United States service mark and United States trademark. Registrant registered the domain name, worldwrestlingfederation.com. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. Complainant must establish both bad faith registration and bad faith use... [Commenced: 9 December 1999 -> Judgment: 14 January, 2000]4|| 71

Xpediatravel.com| - Read the case summary - Decision: 2-Aug-2000
Domain Name - Domain name dispute resolution policy - U.S. trademark -Confusingly Similar - No legitimate interest - Bad faith registration - Bad faith use - phonetically similar.
Complainant was registrant of United States trademark EXPEDIA.COM. Registrant registered the domain name XPEDIATRAVEL.COM. Complainant alleged that the Respondent had no legitimate interest in the registered domain name. Respondent did not use the domain name to establish a website, instead using the domain name to redirect people looking for the Complainant's web site to that of the Respondent... Held, Name Transferred to Complainant. [Commenced: 15 March, 2000. -> Judgment: 18 April, 2000] 72

Youaskedforit.com| - Read the case summary - Decision: 2-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark -U.S. Service Mark - Confusingly similar - Bad faith registration - Bad faith use - Legitimate Interests - Administrative Discretion - Late submission.
The Complainant is the owner of a service or trade mark "You Asked For It". Respondent has subsequently registered as a domain name youaskedforit.com. Respondent alleges that the domain name was registered as a name for a legal question and answer service in connection with the web site, www.lawstreet.com which is in the process of development. Held, Name Not Transferred to Complainant [Commenced: 25 February 2000 -> Judgment: 1 April 2000] 75

AO-1.net| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - Worldwide trademark registrations - computer on-line services and Internet-related services - Bad faith registration - Bad faith use - Identical - Confusingly similar
Complainant was owner of trademark registrations worldwide for the mark AOL, related to computer on-line services and other internet-related services. Respondent registered the domain names "AO-l.com," :AO-l.net and "AO-lmail.com." Respondent listed the domain names as being for sale in the WHOIS directory. Held, Names Transferred to Complainant. The domain names are nearly identical and confusingly similar to Complainant's marks. Respondent has no right or legitimate interests. Respondent demonstrated bad faith use and registration... [Commenced: 24 March, 2000. -> Judgment: 5 May, 2000] 76

AO-l.org et al| - Read the case summary - Decision: 5-Aug-2000
Multiple domain names-Bad faith registration and use- No legitimate use-Seeks to profit from the registration of said domain names- Nearly identical- Confusingly similar- No right or legitimate interest- Domain name for portal web site- Pattern of registering domain names that infringe-ICANN's Rules for Uniform Domain Name Dispute Resolution Policy.
Complainant is the owner of numerous trademark registrations, worldwide for the mark AOL as well as using the mark AOL.com as the domain name for its portal web site. Complainant alleged that the Respondent first registered the Disputed Domain Names long after Complainant's adoption and first use of the mark. Held, Name Transferred to Complainant. The Arbitrator finds that the Internet Domain Names are nearly identical or confusingly similar to the "AOL" marks in which Complainant has rights and to which Respondent has no right or legitimate interest... [Commenced: April 19, 2000 -> Judgment: May 17, 2000] 77

Brite-lite.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Servicemark -Identical - Confusingly similar - Bad faith registration - Bad faith use - Source -Sponsorship - Affiliation -Endorsement.
Brite-Lite, Inc. is a 20 year old company selling wholesale lighting throughout Canada and the United States as well as abroad. Brite-Lite, Inc. registered brite-lite.com by Telus. In late 1999 Network Solutions the registrar of brite-lite.com invoiced Telus Advertising Services in the amount of $35.00 for renewal of brite-lite.com (Telus was the billing contact of this domain). The renewal fee was not paid as a result of error the domain name became available... Held, Name Transferred to Complainant. [Commenced: 19 April, 2000 -> Judgment: 6 June, 2000] - 6.00| 78

Bulkmale.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark- U.S. Trademark - Identical - Confusingly similar - Bad faith registration -Bad faith use.
That Complainant is the owner of a trademark and trade names that include the term Bulkmale. Registrant registered the domain name, bulkmale.com. Complainant and its predecessor-in-interest adopted and began using Bulkmale as a product name as early as 1991. The name was used continuously and extensively in interstate and international commerce in connection with the advertising and sale of products and services. Held, Name Transferred to Complainant. The findings are that the domain name Bulkmale.com is nearly identical and confusingly similar to a trademark in which Complainant has rights and to which Respondent has no right or legitimate interests... [Commenced: 19 April, 2000 -> Judgment: 6 June, 2000] 79

Buyvaurnetsunglasses.com| - Read the case summary - Decision: 5-Aug-2000
Domain name-Domain name resolution policy-Cybersquatting-Bad faith Registration - Bad faith Use - Ghost domain name-Rights and Legitimate Interests-Confusion
Complainant is owner of the trademark VUARNET, a famous trademark in the field of sunglasses. Respondent registered disputed domain name well after trademark rights for VAURNET were acquired by Complainant. Domain name registered by Respondent has no known connection with any activity or trade carried out under the trade name or trademark VAURNET. Respondent did not answer Complainant's call for a voluntary cancellation of domain name. Complainant claims that Respondent registered and is using disputed domain name in bad faith. Respondent is in default. Held: Name Not Transferred [Commence: 6 April, 2000 -> Judgement: 16 June, 2000] 80

Christusrex.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution - Confusingly similar -Lack of trademark ownership - No legitimate interests or rights - No evidence of bad faith registration - Unique use - Entitlement - Burden shift.
Complainant operates a web site at the domain name christrusrx.org, and claims to have a trademark on Christusrex but has not submitted any evidence to show this. The domain in question is christusrex.com, an inactive site registered by Respondent. Respondent did not respond to the complaint and did not present any evidence. Held, Name Not Transferred to Complainant [Commenced: 18 April 2000 -> Judgement: 30 June 2000] 81

Chuckberry.com| - Read the case summary - Decision: 5-Aug-2000
Domain Name - Domain name dispute resolution - U.S. Service mark -U.S. Trademark - Supplemental user - Public Website - Identical - Confusingly Similar - Bad faith registration - Bad faith use.
Complainant was registrant of United States service mark and United States trademark. Respondent registered the domain name chuckberry.com'. Complainant alleged that its registered marks were identical and Respondent registered and used the domain name at issue in bad faith. Complainant requests the domain name be transferred to itself. Held, Domain Name Transferred to Complainant [Commenced: 24 April 1998 -> Judgment: 31 May 2000] 82

Columbia-sportswear-company et al.| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Servicemark - Worldwide use - Famous mark - Identical - Extensive Advertising -Use of hyphens - Inferred bad faith registration - Bad faith use -Uncontested - Unknown activities of respondent - Legitimate interest
Complainant was registered owner of U.S. trademark COLUMBIA SPORTSWEAR COMPANY for 42 years. Respondent registered the domain names columbia-sportswear-company. com and columbiasportswearcompany.com. Respondent has made no attempt to dispute the complaint. Held, Name Transferred to Complainant. The domain names in dispute are identical to the trademark "Columbia Sportswear Company", which Complainant has used and advertised extensively for 42 years. Commenced: 31 March 2000 -> Judgement: 16 May 2000] 83

Deutche-bank-ag.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - Federal Republic of Germany Trademark - Banking services - Business designation - Offer of sale of domain name - Cease and desist - Identical - Confusingly similar - No response from Respondent - Panel drawing inferences.
Complainant was registrant of Federal Republic of Germany Trademarks "Deutsche-Bank", "Deutsche-Bank AG" and "Deutsche-Bank Aktiengesellschaft" in relation to banking services. Respondent registered domain name "deutsche-bankag.com."... Respondent did not file a response. Held, Name transferred to Complainant. [Commenced: 18 April 2000 -> Judgment: 30 May 2000] 84

Eresmas.com et al.| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - Bad Faith-Direct and Unfair Competition-Intentional and Willful Misappropriation of Proprietary Rights-Test for Legitimate Usage of Domain Name.
Complainant owns various Mexican registered trademarks for a word mark "ES MAS", registered by January, 2000. Complainant also owns the domain names esmas.com, esmas.net, and esmas.org. Respondent has filed word marks and device marks "ERESMAS" or "eresMAS on February 29, 2000 and March 13, 2000. Held: Name Not Transferred to Complainant Complainant has not met its burden of proof with respect to bad faith by Respondent as set out in UNDNDRP par4(a)... [Commence: 6 April, 2000 -> Judgement: 28 June, 2000] 85

Fortehotels.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution - Registered trademark - Well-known mark - Confusingly similar - Consumer confusion - No legitimate rights or interests - Knowledgeable choice - Bad faith registration - Constructive knowledge.
Complainant owns a trademark for FORTE for use in its hotel operations, and has developed and marketed their business under this trademark. Complainant registered the domain name "forte-hotels.com". The domain in question is "fortehotels.com" registered by Respondent. Respondent claims to be involved in the tourism sector, but is not a licensee of Complainant. Held, Name Transferred to Complainant Domain name is confusingly similar to Complainant's registered trademark. Complainant holds trademark for FORTE, which is well-known for hotel services... [Commenced: 17 April 2000 -> Judgement: 31 May 2000] 86

Hso.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Domain name - Identical - Rights or legitimate interest - Bad faith registration - Bad faith use - Reverse domain name hijacking.
Complainant is owner of the service mark HSO for computer services. Respondent is owner of the domain name HSO.COM. Complainant alleged that the domain name at issue was identical to its service mark and that Respondent had no legitimate interest in the domain name. Respondent alleged that Complainant engaged in reverse domain name hijacking. Held: Name Not Transferred to Complainant Complainant conceded that Respondent did not register the domain name in bad faith, but believed that Respondent was not using the domain name effectively. [Commenced: April 20, 2000 -> Judgment: May 30, 2000] 87

Kenworthalley.com et al.| - Read the case summary - Decision: 5-Aug-2000
Multiple domain names- Limited liability company- Additional respondent-Transfer of registration- No evidence submitted by respondent-Communication not in compliance with all requirements- Substantial investment- Strong secondary meaning of marks- Take advantage- Bad faith usage- Divert prospective customers- Addition of suffix- No right or legitimate interest- ICANN Uniform Domain Name Resolution Policy
Complainant is the owner of numerous U.S. trademark registrations for products that use the names Peterbilt and Kenworth. Complainant has used these trademarks for more than thirty years and claims substantial investment in and strong secondary meaning of these marks in connection with vehicles, vehicle parts, and related services. Respondent registered the domain names "Peterbiltalley" and "Kenworthalley" with .com, .net, and .org extensions. Held, Domain Names Transferred to Complainant. [Commenced: April 19, 2000 -> Judgment: May 26, 2000] 88

Kinkosoffice.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - Exclusivity in registration - Promotion of trademark established goodwill - Mobile office technology proposal - Bad faith use - Express written consent or implied permission necessary - Non-disclosure agreement - Pattern of conduct - Bad faith registration - Arbitrary term - Confusingly similar - Registered without permission for leverage purposes - Holding domain name hostage - More than mere registration is required.
Complainant was registrant of trademark, KINKO'S, and had registered other trademarks, KINKO'S YOUR BRANCH OFFICE and YOUR BRANCH OFFICE. Complainant also owned the kinkos.com domain name. Respondent registered the domain name kinkosoffice.com. Complainant had exclusivity in registration since it had spent a lot of money in promoting its name and mark...Held, Name Transferred to Complainant. [Commenced: 20 April 2000 -> Judgment: 27 May 2000] 89

MailMania.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - U.S. Trade Mark - Canadian Trade Mark - Identical -Confusingly similar - Legitimate interests.
Complainant operates a mail order service for children, and applied to register the Mail Mania mark with the US Patent and Trade Mark Office in December 1998. Respondent develops Internet Software and Internet Websites, including Internet Communication Programs, and registered the domain name, MailMania.com on October 12, 1998. Held, Name Not Transferred to Complainant. Complainant's US trade mark Mail Mania and the Respondent's domain name in issue MailMania.com are identical... [Commenced: 21 April, 2000 -> Judgment: 30 May, 2000] 90

Meadora.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution - U.S. Service mark - U.S. Trademark - Common law trademarks - Common law use - Supplemental User - Identical - Confusingly Similar - Bad faith registration - Bad faith use.
Complainant was a registrant of United States service mark and United States trademark. Respondentregistered the domain name meadora.com and mondera.com. Complainant conducts its business through its website miadora.com and alleges that Respondent's registered domain name is virtually identical to its own.Meadora.com was registered after Respondent knew or should have known of Complainant's intent to conductbusiness online, and Respondent's domain name diverts Internet users away from Complainants' site directly to its competition at mondera.com. Held, Domain Name Transferred to Complainant [Commenced: April 27, 2000 -> Judgment: May 30, 2000] - 10.00| 91

Oxford-university.com| - Read the case summary - Decision: 5-Aug-2000Domain name - Domain name dispute resolution - Service mark - Trademark - Identical - Confusingly Similar - Supplemental User - Bad faith registration - Bad faith use - Torts - Passing Off - Parody.
Complainant is a registrant of the Oxford University trademark. Respondent registered the domain name "oxford-university.com". Complainant alleges that Respondent's acts amounted to the tort of passing off and violated its trade mark registration for Oxford University in South Africa. Complainant requests that the domain name be transferred to itself. Held, Domain Name Transferred to Complainant [Commenced: 20 April 2000 -> Judgment: 30 May 2000]8| 92

Phoenixtechnologies.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - ICANN Uniform Domain Name Dispute Resolution Policy - WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution - Failure to respond - Notification of Respondent's Default - Software solutions - Cease and desist - Unfair competition - Trademark infringement - Statement of Non-opposition.
Complainant has been doing business under the mark "Phoenix Technologies" since early September 17, 1979 and has applied to register the mark with the U.S. Patent and Trademark Office. Respondent registered the domain name "phoenixtechnologies.com" on or about May 1998. On October 26, 1999, Complainant wrote to Respondent alleging unfair competition and trademark infringement and demanded that Respondent cease using the name. Held, Domain Name phoenixtechnologies.com transferred to Complainant. [Commenced: 28 April 2000 -> Judgment: 16 June 2000] 93

Rockportboatline.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - Legitimate interest - Legitimate usage -- Trademark rights - Bad faith registration - Bad faith usage - Business plan.
Both Complainant and Respondent operate passenger boat lines in the Thousand Islands area of Ontario, Canada. Complainant operates its business in Rockport, ON, while Respondent operates near Rockport, ON in Gananoque, ON and Ivy Lea, ON. Respondent acquired the domain name "Rockportboatline.com" in June, 1996. Held, Domain name not transferred to Complainant. Respondent's acquisition of the domain name "Rockportboatline.com" was in accordance with its goal to expand operations to the city of Rockport, ON, as set out in a five-year business plan. This is evidenced by Respondent's expansion to Ivy Lea, ON, and the addition of a 300-passenger vessel to its fleet... [Commenced: 21 April, 2000 -> Decision: 30 May, 2000] 94

Safway.net| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trade mark - U.S. Domain name - Identical - Confusingly Similar - Rights or legitimate interests - Bad faith registration - Bad faith use - Abusive registration - Prior dispute proceedings - Re-registration.
Complainant is registrant of United States domain name SAFWAY.COM. Respondent is registrant of domain name SAFWAY.NET in connection with a pornographic website. Held: Name Transferred to Complainant. Respondent did not file a response to the complaint. In cases where there is no response filed to the complaint, the Panel may proceed to a decision based on the complaint and draw any inferences it considers appropriate... [Commenced: 21 April 2000 -> Judgment: 27 May 2000] 95

Sawtoothsociety.com et al.| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - Legitimate interest - Legitimate usage -- Trademark rights - Service mark - Bad faith registration - Bad faith use.
Complainant is a non-profit organization which submitted that it has owned the trade and service mark for "Sawtooth Society" since June 1997 but has offered no registration papers to prove this. Respondent registered both Sawtoothsociety.com and Sawtoothsociety.org in August 1998, claiming that the web sites would be used to promote music that has an educational message for documentary film and television. Respondent registered "Sawtooth Society" with the Idaho Secretary of State on 13 October, 1998. On the same day, Respondent offered to sell both domain names to Complainant. Both web sites remain unused by Respondent. Held, name transferred to Complainant [Commenced: ... 2000 -> Judgement: 22 May, 2000] 96

Sgs.netet al.| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Service mark - Competitors - Identical - Confusingly similar - Rights - Legitimate interests - Bad faith registration - Reverse domain name hijacking - Passing off - Bad faith use - Silence -Tombstone - Domain name extension - Separate entity.
Complainant and Registrant were competitors in the commercial field of certification and inspection services. Complainant was a registrant of the trademark SGS in 10 countries. Respondent registered the domain names sgs.net and sgsgroup.net. Held, Names Transferred to Complainant. Although other domain name registrations existed with which Complainant could have taken legal action against or initiated ICANN's proceedings, the Panel notes this has absolutely no effect on the present case as a complainant is not bound by the Policy and Rules... [Commenced: 14 March 2000 -> Judgment: 17 March 2000] 97

Spacekap| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - Canadian trademark - Continuous use - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate interest - Spacekap - No Authorization - Former salesman - Similar Product.
Complainant was registrant of Canadian trademark spacecap and had been continuously using the mark in Canada and the United States in connection with its products. Complainant also holds Canadian and United States patents for these products. Respondent registered the domain name, spacekap.com. Held, Name Transferred to Complainant Complainant has the Canadian trademark registration for the mark SPACEKAP, which is identical to the domain name SPACEKAP.COM (except for the .COM locator), registered by Respondent. [Commenced: 30 April 2000 -> Judgment: 8 June 2000] 98

Spectrumchemicals.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of United States service mark and United States trademark, including the term Spectrum. Registrant registered the domain name, spectrumchemicals.com. SPECTRUMCHEMICALS.COM is currently active and in commercial use. Held, Name Not Transferred to Complaint. The registered domain name SPECTRUMCHEMICALS.COM is identical or confusingly similar to the trademark in which the Complainant has rights. The domain name is used by Respondent on chemical products which are confusingly similar to Complaint's chemical products... [Commenced: 17 April, 2000 -> Judgment: 1 June, 2000] 99

Steamist.com| - Read the case summary - Decision: 5-Aug-2000
Domain Name - Domain Name dispute resolution policy - U.S. Trademark -Registration - Similarity to existing trademark - Identical - Virtually identical -Confusingly similar - Registration of domain name for the purpose of control -Registration of domain name in bad faith - Registration of domain name without any legitimate business purpose - Registration of domain name for the sole purpose of re-sale - Registration of domain name to require payment to regain ownership - Offer to sell domain name - Interference with right to conduct established business.
Complainant had been using the name "Steamist" as a trademark, with or without logo, and in bold letter form or small cap form, in its business since 1973. Respondent was the service agent for Complainant's products within its geographical territory... Held, Domain name transferred to Complainant. [Commenced: February 3, 2000 -> Judgement: ...2000] - 8.00| 100

Theloanmart.org et al.| - Read the case summary - Decision: 5-Aug-2000
Domain name(s) - Domain name dispute resolution policy - U.S Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Name Safe - Name Reservation - Commercially usable status.
Complainant was registrant of United States service mark and United States trademark LOANMART and of domain names loanmart.org and loanmart.net. Respondent registered the domain names, theloanmart.org and theloanmart.net. Held, Names Transferred to Complainant. The domain names theloanmart.org and theloanmart.net are identical or confusingly similar to the service mark, trademark and domain names registered and continuously used by the Complainant since not later than September 1, 1997. Although the domain names are listed in the Dotster, Inc registry under the name of the Respondent, they are non-functional at this time rather, the name was reserved in what is termed "Name Safe...[Commenced: 3 May 2000 -> Judgment: 8 June 2000] 101

Tillamook.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trade Mark - Identical - Confusingly similar - Bad faith registration - Cybersquatting.
Complainant had been using the trade mark "TILLAMOOK" since 1918 in connection with cheese, ice cream and other products, and has numerous related domain names already registered. Respondent registered TILLAMOOK.COM in late 1996 allegedly intending to use the domain as a geographically-named email forwarding service, yet it offered to sell the domain name to Complainant for $6,000.00. Held, Name Transferred to Complainant. The domain name is identical or confusingly similar to Complainant's trade mark. There is no evidence that Respondent had any legitimate interest in the domain name. The offer to sell the domain name for an amount in excess of out-of-pocket expenses is clear evidence of bad faith use and registration. [Commenced: 24 March, 2000. -> Judgment: 26 April, 2000]s|| 102

Tridenthotels.com| - Read the case summary - Decision: 5-Aug-2000
Domain name-Domain name resolution policy-Cybersquatting-Bad faith-Rights and legitimate interests-Diversion of business-Late response submission-Exceptional circumstances-Generic terms.
Complainant is a limited company engaged in the business of owning and managing hotels internationally. Complainant has used the name Trident since 1988. Complainant is registered proprietor of several Indian registered trademarks including Trident hotels logo and The Trident. Complainant is proprietor of Trident Hotels hotel chain. Respondent has registered domain name tridenthotels.com. Respondent claims to have several businesses in the USA including a real estate business. Respondent has submitted no evidence to that effect. Held: Domain name transferred to Complainant [Commence: 4 April, 2000 -> Judgement: 7 June, 2000] 103

Ultrapurewater.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trade Mark - Identical - Confusingly similar - Initial interest confusion - Disrupting competitors - Generic trade marks - Descriptive trade marks - Acquired distinctiveness.
Complainant is the owner of several trade mark registrations for ULTRAPURE WATER in connection with water-related technical periodicals. Respondent registered ULTRAPUREWATER.COM and used the domain to redirect web users to its Water Technology Online web site. Respondent is a direct competitor with Complainant, but alleges it is making a legitimate fair use of the domain name and that Complainant's trade mark is generic. Held, Name Transferred to Complainant. [Commenced: 24 March, 2000. -> Judgment: 5 May, 2000] 104

Videodirect.com| - Read the case summary - Decision: 5-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use. - Constructive Notice - Incorrect information.
Complainant registered a United States trademark, VIDEO DIRECT and a design mark incorporating the words VIDEO DIRECT. Complainant uses the domain name, VIDEO-DIRECT.COM. Respondent registered the domain name, VIDEODIRECT.COM Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. [Commenced: 2 May 2000 -> Judgment: 5 June, 2000] 105

Wwwabcdistributing.com| - Read the case summary - Decision: 5-Aug-2000
Domain Name - Domain Name Dispute Resolution Policy - Registered Trademark - Identical - Confusingly Similar - Diversion of Traffic -Reputation - Goodwill - Bad faith registration - Bad faith use -Typographical error.
Complainant is the owner of a number of registered marks containing either ABC DISTRIBUTING or ABC, and since July 1997, has sold general merchandise through its web site ABCDISTRIBUTING.COM. On 14 December 1999, Respondent registered the domain name WWWABCDISTRIBUTING.COM, which leads through a series of sexually-orientated web sites. Held, Name Transferred to Complainant. [Commenced: 8 May 2000 -> Judgment: 12 June 2000] 106

24Game.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - U. S. Trade mark- U. S. Domain name - Identical - Confusingly similar - Rights or legitimate interests - Bad faith registration - Bad faith use.
Complainant is owner of various trade mark and service mark registrations for 24 GAME. Respondent registered the domain name 24GAME.COM. Respondent did not respond to complaint. Held: Name Transferred to Complainant.The domain name in issue contains Complainant's entire mark and is clearly identical to it. Due to the similarity in sight, sound and meaning between the domain name 24GAME.COM and Complainant's marks, a likelihood of confusion exists... [Commenced: 15 May 2000 -> Judgment: 26 June 2000] 107

Accufind.com et al.| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution - Third party service mark - No license - Not identical or confusingly similar - Not competing parties - Goods and services offered - No bad faith registration.
Complainant registered domain names Accu-Find.com and Accu-Find.net. Respondent registered the domain names in question, Accufind.com and Accufind.net. Trademark or service mark for Accufind is held by third party. Neither Complainant nor Respondent licensed use of trademark or service mark. Held, Name Not Transferred Complainant has service mark pending for AF ACCU FIND INTERNET SERVICES. Domain names in question are neither identical nor confusingly similar to service mark pending. Even though domain names used by Complainant and Respondent are almost identical, a third party holds the service mark for Accufind... [Commenced: 18 May 2000 -> Judgement: 19 June 2000] 108

Airnewzealand.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark -Identical - Confusingly similar - Bad faith registration - Bad faith use - Transfer.
Complainant is a registrant of the trademark, AIR NEW ZEALAND. Complainant is an international airline carrier having an extensive network throughout Asia and the Pacific. The mark is registered and known throughout the world. Respondent registered the domain name, AIRNEWZEALAND.COM. Respondent appears to be a corporation registered to do business in Hong Kong, although no evidence was obtained to support this assertion. In correspondence with Complainant, Respondent claims to be a company that specializes in domain name registration. Held, Name Transferred to Complainant. [Commenced: 1 May 2000 -> Judgment: 14 June 2000] 109

Beko.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - U.K. Trademark - Turkish Trademark - Identical - Legitimate interests - Bad faith registration - Bad faith use - Pattern of conduct.
Complaint is based upon several UK and Turkish trademark registrations for Beko. Respondent registered the Domain Name, beko.com, on January 1, 1998. Respondent sent an email to Complainant stating that he had registered the Domain Name, beko.com, but was willing to negotiate a transfer. Held, Name Transferred to Complainant. The Domain Name, beko.com, is identical to the trademark Beko of the Complainant. Respondent has no right or legitimate interest in the Domain Name,beko.com... [Commenced: 20 April, 2000 Judgment: 30 June, 2000] 110

Cafe-flesh.com| - Read the case summary - Decision: 8-Aug-2000
Domain Name - Domain name dispute resolution policy - Trademark -Identical - Confusingly similar - Bad faith registration - Bad faith use - No legitimate interest - Misleading & intentionally diverting business.
Complainant is owner of registered trademark, CAF FLESH, and uses the domain name, CAFFLESH.COM, for its website. Respondent registered the domain name, CAFE-FLESH.COM. Held, Name Transferred to Complainant Respondent has submitted no response, permitting the inference that the use of the Complainant's mark in connection with the Respondent's website is confusingly similar. Respondent's failure to respond leads one to believe that Respondent knows its website is misleading and intentionally diverts business from Complainant. [Commenced: 19 May 2000 - > Judgement: 27 June 2000] 111

Canbest.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark -Identical - Confusingly similar - Legitimate rights - Bad faith -Association - Reverse Domain name hijacking.
Complainant was registered owner of the domain name, can-best.com in connection with technical services. Respondent registered the domain name, canbest.com in connection with a pornographic site. Complainant alleged that Respondent's domain name is identical to its own domain name, that Respondent has no legitimate interests in the name, and that the name was registered and used in bad faith. Complainant also alleged that its business would be hurt because of the association with Respondent's domain name. Held, Name Not Transferred to Complainant. [Commenced: 19 May 2000 -> Judgement: 20 June 2000] 112

Casillascigars.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Service mark - Legitimate rights - Distinctive character - Constructive use.
Complainant operated under, and had an application pending for, the name Casillas Cigars. Respondent registered and used the name casillascigars.com. Complainant alleged that Respondent's registered domain name is identical to the Casillas Cigars mark and that Respondent has registered and used the name in bad faith with no legitimate rights or interests in the name. Held, Name Not Transferred. Complainant's application for trademark registration on the Principal Register constitutes constructive use of the mark which satisfies the Policy's requirement that the Complainant have rights to the trademark or service mark that is subject to abuse. [Commenced: 27 April 2000 -> Judgement: 11 June 2000] 113

Casinohollywood.com| - Read the case summary - Decision: 8-Aug-2000
Domain name-Domain name resolution policy-Cybersquatting-Bad faith-Diversion of business-Identical-Confusingly similar - Reversed name.
Complainant is the owner of several casinos in the US which use the service and trade name HOLLYWOOD CASINO. Complainant owns registered trademark HOLLYWOOD CASINO. Complainant also uses the marks HOLLYWOODCASINO.COM, and HOLLYWOODCASINO.NET as domain names for its portal web sites for its goods and services. Complainant has invested substantial sums of money in developing and marketing the name HOLLYWOOD CASINO. Respondent is the owner of the domain name CASINOHOLLYWOOD.COM. Held: Domain Name Transferred to Complainant [Commence: 9 May, 2000 -> Judgement: 16 June, 2000] 114

Cellular-one.net et al.| - Read the case summary - Decision: 8-Aug-2000
Multiple Domain Names- Principles of law of the United States- Notification of Respondent Default- Trademark licensee- Aware of Respondent's use- Not been abandoned- Allegations not contested- Identical or confusingly similar- No rights or legitimate interests- Bad faith use- ICANN Uniform Domain Name Dispute Resolution Policy.
Complainant owns numerous U.S. and international trademark registrations and applications for the marks CELLULARONE and CELLONE. Complainant's trademarks use and registration of the trademarks predate any use or registration of the Domain Name by Respondent, are in full force and effect, and have not been abandoned... Held, Domain Name Not Transferred to Complainant. [Commenced: 19 April 2000 -> Judgment: 30 May 2000] 115

Champagneclicquot.com et al.| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - - Identical - Confusingly similar - Bad faith use - Bad faith registration - No rights or legitimate interests.
Complainant, based in France, has trademark rights in Veuve Clicquot. Respondent registered the domain names at issue: champagneclicquot.com, champagne-clicquot.com, champagnecliquot.com, and champagne-cliquot.com. The Domain Names all link to a website offering products and services of an explicit sexual nature. No response has been submitted to Complaint's allegations. Held, Names Transferred to Complainant. The word champagne is the product for which Complainant's trademark Clicquot is famous and distinctive for. When the two words are combined, as they are in this case, the domain names are confusingly similar to Complainant's trademark. [Commenced: 4 May 2000 -> Judgment: 14 June 2000] 116

Chichis.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - U.S. Trademark - U.S. Service mark - Identical-Confusingly similar - Legitimate interests - Bad faith registration - Bad faith use.
Complainant is owner of numerous trademarks and service marks using some form of the name Chi-Chi's, which have been registered in the United States and in many other countries. These trademarks and service marks are used for a chain of restaurants in the United States. Respondent registered the disputed domain name, chichis.com. Held, Name Transferred to Complainant. Respondent's trademark is identical to Complainant's trademark. The only difference is the absence of a hyphen and an apostrophe. Respondent has no legitimate rights or interests in the disputed domain name, chichis.com,...[Commenced: 1 May, 2000 -> Judgment: 29 June, 2000]s|| 117

Cityutilities.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Generic name - Type of Service - Source of service - Commonly known as.
Complainant has been providing utility services under the name City Utilities since 1945. Complainant is known to its many customers as City Utilities. Complainant has not registered the term City Utilities with the U.S. Patent and Trademark Office. Respondent does not operate any utility business. Respondent has been using the domain name in dispute as a link to his web site ACMENEWS.COM. This site is a Web directory concerning sites located in the Ozarks. There is nothing on it related to utility services... Held, Domain name not transferred to complainant. [Commenced: 9 May 2000. -> Judgement: 19 June 2000.]s|| 118

Copart.net| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant registered domain name COPART.COM in January 1996. Complainant has registered the trademark CI Copart Inc. Salvage Auto Auctions as of January 17, 1995. Complainant has used the Copart mark or a derivation thereof since 1983. Complainant had approximately 5,939,406 unique visitors to its www.copart.com website from April 1, 2000, to May 9, 2000. Respondent is in the same business as Complainant. During the period January through May 2000, there were only five direct hits on Respondent's website resulting from the entry of www.copart.net which linked to the SalvageNow website. Held, Domain name not transferred. [Commenced: 11 May 2000. -> Judgement: 28 June 2000.] 121

Cspan.net| - Read the case summary - Decision: 8-Aug-2000
Domain Name - Domain Name Dispute Resolution Policy - Registered Trademark - Confusingly Similar - Misleading Diversion of Users - Consumer Familiarity - Commercial Gain - Reputation - Goodwill - Bad faith registration - Bad faith use.
Complainant, a non-profit educational organization, owns and operates C-SPAN, a nationally-known producer of public affairs television programming, and is the owner of, inter alia, the registered trademark C-SPAN. Complainant registered the domain name CSPAN.ORG in October 1993. In December 1998, Respondent registered the name CSPAN.NET, which directed internet users to a pornographic site called FINECHICKS.COM. Upon learning of this, Complainant wrote to Respondent and demanded transfer of the domain name. Respondent refused, instead changing the website at CSPAN.NET to a site under construction...Held, Name Transferred to Complainant. [Commenced: 8 May 2000 -> Judgment: 19 June 2000]s|| 122

Danielgalvin.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Likelihood of confusion - Affiliation - Connection - Sponsorship - Approval - Association - False designation of origin - Interstate commerce.
Complainant owns the following domain names: Daniel-Galvin.Co.UK, Daniel-Galvin.Com and DanielGalvinHairColour.com. Complainants have the exclusive right to use and license the Daniel Galvin trademarks and domain names. Complainant, Daniel Galvin has built a reputation as one of the world's leading authorities on hair color and is often referred to as the King of Color. Respondent registered the domain name DANIELGALVIN.COM with Network Solutions. Held, Name Transferred to Complainant. The domain name DANIELGALVIN.COM registered by Respondent is identical... [Commenced: 15 May, 2000 -> Judgment: 20 June, 2000] 123

Dickeyjohn.com| - Read the case summary - Decision: 8-Aug-2000
Domain Name - Domain name dispute resolution policy - Mark - Identical - Confusingly similar - Bad faith registration - Bad faith use - No legitimate - interest - Disrupting competitor's business - Default - Commercial gain.
Complainant has been using the mark and trade name, DICKEY-john, since 1968, and has numerous Federal registrations incorporating the term. Complainant promotes and advertises its mark on its website at dickey-john.com. Respondent, a business competitor of Complainant registered and uses the domain name DICKEYJOHN.COM. Held, Name Transferred to Complainant. Respondent's domain name is identical to or confusingly similar to Complainant's trade name and mark to which Complainant has no rights. Consumers will likely be confused because of the identical nature of the name of the products. By failing to respond to the Complainant... . [Commenced: 19 May 2000 -> Judgement: 21 June 2000] 125

Easy-jet.net| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Legitimate rights - Identical - Confusingly similar - Bad faith registration - Bad faith use - Cybersquatting.
Complainant is the owner of trademark registrations for the mark EASYJET in numerous countries. Respondent registered the domain name, easy-jet.net. Complainant alleged that Respondent's domain name is identical or confusingly similar to its registered marks, and that Respondent had no rights to the name and thus registered and used it in bad faith. Held, Name Not Transferred. The domain name registered by Respondent is virtually identical to Complainant's registered mark and are therefore confusingly similar. Although Respondent claims that he intends to commence a business specializing in watercraft, he does not presently operate such a business under the EASY-JET name and thus has no rights ... [Commenced: 8 May 2000 -> Judgement: 22 June 2000] 126

Easyjet.org| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark -Identical - Confusingly similar - Legitimate rights - Bad faith - - Recognition.
Complainant is the registered owner of the mark EASYJET. Respondent registered the domain name easyjet.org. Complainant alleged that Respondent's domain name is identical or confusingly similar to its registered mark. Respondent claimed that the goods and services offered on it's website are different from the goods and services offered by Complainant thus eliminating any public confusion. However, Complainant's registered mark includes the specification of rental of boats, vehicles, and aircraft. Complainant also alleged that Respondent had no rights to the name, and that the name was registered and used in bad faith. Held, Name Transferred to Complainant. [Commenced: 16 May 2000 -> Judgement: 28 June 2000] 127

Encyclopediabrittanica.com et al.| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Identical -Confusingly similar - US Trademark - No rights or legitimate interests - Bad faith use - Bad faith registration - Bona fide business - Fair use - Anti-cybersquatting Consumer Protection Act - Misspellings.
Complainant has earned billions of dollars from selling encyclopedias and other reference-related goods and services under the registered mark ENCYCLOPAEDIA BRITANNICA. Complainant owns U.S. trademark registrations for the term BRITANNICA. Respondent registered the domain names in dispute: encyclopediabrittanica.com; brtanica.com; bitannica.com; and britannca.com. These domain names were hyper-linked to either an advertisement web page or to Complainant's www.britannica.com web site. Held, Names Transferred to Complainant. [Commenced: 4 May 2000 -> Judgment: 7 June 2000] 128

Ereferee.com et al.| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution - Registered trademark - - Common law trademark claimed - Generic term - Legitimate interest - No - bad faith registration - No attempt to suggest affiliation.
Complainant held registered trademark for Referee for use as magazine. Respondent registered domain names eReferee.com, eReferee.org and eReferee.net. Word Referee is a generic term for an officical umpiring a sporting event. Complainant asks that these domain names be transferred. Held, Names Not Transferred Respondent has legitimate rights or interests in the domain names in question. Respondent is involved in sports. Furthermore, there is no bad faith registration on the part of Respondent. Respondent has not tried to suggest any sort of affiliation between the domain names and Complainant's trademark. [Commenced: 10 May 2000 -> Judgement: 26 June 2000] 129

Flightcom.com| - Read the case summary - Decision: 8-Aug-2000
Domain name-Domain name resolution policy-Cybersquatting-Bad faith-Diversion of business-Identical-Confusingly similar-Rights and legitimate interests-Requirements for domain name transfer.
Complainant is the registered owner of the mark Flightcom and a vendor of aviation communication equipment. Complainant registered the mark in April 1993 and first used it in October 1998. Respondent is the registered owner of the domain name Flightcom.com. and the proprietor of a travel agency. Disputed domain name was registered to the Respondent in April 1996. Immediately after registration of disputed domain name Respondent commenced use of it on Respondent's web site. Respondent was unaware that the Flightcom name was being used by anyone else at the time Respondent registered the domain name. Respondent continues preparations to build its travel agency business... Held: Domain Name not Transferred. [Commenced 9 May, 2000 -> Judgement: 15 June, 2000] 130

Genting.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark -Identical - Confusingly similar - Legitimate rights - Bad faith.
Complainant has the trademark GENTING registered or pending application. Respondent registered the domain name genting.com. Complainant was incorporated in 1968 and has been using the trademark since then in Malaysia, Singapore, Brunei Darussalam and Hong Kong. Respondent registered its diving business, to be based at one of Tioman Island villages known as Kampung Genting (Genting Village) in 1998, and registered the domain name as part of its business strategy. Held, Name Not Transferred.Respondent claims that the name GENTING is generic and Complainant thus does not have exclusive right to the name. However, the Panel finds that the name is identical or confusingly similar to Complainant's mark. [Commenced: 22 May 2000 -> Judgement: 28 June 2000] 131

Haincelestial.net| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark- U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of United States service mark and United States trademark for both Hain Food Group and Celestial Seasonings, Inc. Complainant merged Hain and Celestial on March 6, 2000. Respondent registered HAINCELESTIAL.NET on March 6, 2000. Held, Name Transferred to Complainant. The domain name is clearly identical and similarly confusing and is almost identical to the name of the new company. Because the Respondent failed to assert any affirmative evidence that it has a legitimate right to use the domain name, it is reasonable and acceptable for the Arbitrator to infer and find that Respondent has no rights or legitimate interest in the domain name. [Commenced: 8 May, 2000.-> Judgment: 15 June, 2000] 132

Interactivetelevision.com et al.| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark -California trademark - Generic marks - Identical - Confusingly similar -Legitimate interest - Bad faith use - Bad faith registration - Reverse domain name hijacking - Interactive television.
Complainant has been in business since 1987 and owns United States and State of California trademark registrations for the words Interactive Television, both registered in 1990. Additional applications filed in 1999 were refused by the U.S. Trademark Office. Respondent registered the domain names interactivetv.com in 1999 and interactivetelevision.com in 2000. HELD, Name Not Transferred to Complainant [Commenced: ...-> Judgment: 26 June 2000] 133

Internetamerica.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Service mark -Identical - Confusingly similar - Legitimate rights - Bad faith registration - Bad faith use.
Complainant was the registered owner of the service mark INTERNET AMERICA and has continually done business under that name since 1995. Respondent registered the name internetamerica.com. Complainant alleged that Respondent's registered name is identical with and confusingly similar to its service marks; that Respondent has no rights to the name; and that Respondent registered and used the name in bad faith. Held, Name Transferred to Complainant. Complainant is the sole owner of the service mark INTERNET AMERICA. Respondent's domain name is identical with and confusingly similar to the service marks INTERNET AMERICA. [Commenced: 16 May 2000 -> Judgement: 19 June 2000] 134

Kesslerinstitute.com| - Read the case summary - Decision: 8-Aug-2000
Domain Name - Domain name dispute resolution policy - U.S. Service Mark - Identical - Confusingly similar - Bad faith registration - No legitimate interest - Purpose of commercial gain.
Complainant was registrant of United States service mark and widely used the disputed name in its business. Respondent registered the domain name, Kesslerinstitute.com. Respondent's website indicates that it's an on-line bike shop. It only has a two line message stating that they are re-considering another name and would be interested in hearing from potential buyers of the domain name. Held, Name Transferred to Complainant The domain names are identical or confusingly similar... [Commenced: 11 May, 2000 -> Judgement: 31 May, 2000] 135

Lanamarks.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - U.S. Trademark - Identical -Confusingly similar - Legitimate interests - Bad faith registration - Bad faith use - Exclusive right - Personal Name of CEO.
Complainant is registrant of the trademark, LANA MARKS, and Complainant has exclusive rights to use its trademark in connection to jewelry and leather goods. Respondent registered the domain name lanamarks.com. Held, Name Transferred to Complainant. Respondent's domain name, lanamarks.com, is confusingly similar to Complainant's registered trademark, LANA MARKS. Such confusion would cause consumers to believe that a relationship exists between Complainant and Respondent or its third-party transferee... [Commenced: 18 April, 2000 -> Judgment: 23 June, 2000] 139

Lemeridien.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark -Identical - Confusingly similar - Legitimate rights - Bad faith.
Complainant is registered owner of trademark LE MERIDIEN in numerous countries. Respondent registered the domain name, lemeridien.com. Complainant alleged that Respondent has no legitimate rights to the name since it is not using the name for business purposes, and that Complainant has invested substantial sums of money in developing and marketing their services under this trademark. Complainant also alleged that Respondent's name is identical to its name, and that the name was registered and used in bad faith. Held, Name Transferred to Complainant. [Commenced: 16 May 2000 -> Judgement: 27 June 2000] 140

Lowesislandclub.com et al.| - Read the case summary - Decision: 8-Aug-2000
Domain names - Domain name dispute resolution policy - U.S. Trade Marks - Identical - Confusingly similar - No rights or legitimate interests - Bad faith registration.
Complainants Bondy Way and Ashburn Village are the owners of the service mark LOWES ISLAND CLUB and ASHBURN VILLIAGE.COM, respectively. Respondent owns the domain names LOWESISLANDCLUB.COM, LOWESISLANDCLUB.ORG, and ASHBURNVILLAGE.COM. The administrative contact for Respondent stated that she is no longer affiliated with Respondent. Held, Name Transferred to Complainant. Respondent itself has not filed a response; thus, this Panel will consider its administrative contact's submissions to the extent they address the conduct of the administrative contact herself. The Panel assumes that Respondent continues to own the domain names at issue...[Commenced: 21 April 2000 -> Decision: 20 June 2000] 141

Networkone.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Identical -Legitimate rights - Bad faith - Cyber-squatting - Default.
Complainant registered the domain name networkone.com at an earlier date than Respondent's registration of the same name. Respondent has not used the name since its registration. Complainant alleged that Respondent's name is identical to its own name, that Respondent has no rights to the name, that the name has been registered and used in bad faith. Complainant also alleged that Respondent's infringement on their trademark will cause Complainant harm, and that Respondent is guilty of cyber-squatting. Held, Name Transferred to Complainant. [Commenced: 22 May 2000 -> Judgement: 28 June 2000] 142

one2one3g.com| - Read the case summary - Decision: 8-Aug-2000Domain name - Domain name dispute resolution process - Trademarks -Confusingly similar - Legitimate interests - Bad faith - Primary purpose -Recognition.
Complainant was registrant of trademark ONE2ONE. Respondent registered the domain name, one2one3g.com. Complainant argued that the name is identical or confusingly similar to its registered marks, subject to the addition of 3g. However, 3g is commonly known by the public as an acronym for UK telephone operators such as the Complainant. Complainant also alleged that Respondent registered and used the name in bad faith. Held, Name transferred to Complainant. Complainant must establish both bad faith registration and bad faith use. [Commenced: 13 April 2000 -> Judgment: 20 June 2000]star| 143

Penthouse.net| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. trademark -Identical - Confusingly Similar - Bad faith registration - Bad faith use -Knowledge of trademark - Divert customers - Dilute trademarks.
Complainant owns many trademarks that are made up of the terms - Penthouse. Respondent registered the domain name, penthouse.net. Complainant alleged that Respondent had no legitimate interest or rights in the domain name and is using it in bad faith. HELD, Name Transferred to Complainant. It is clear that the domain name PENTHOUSE.NET is nearly identical or confusingly similar to the terms of numerous trademarks and domain names registered and used by Complainant, PENTHOUSE. It is also clear that Respondent has no rights or legitimate interest in the domain name and thus registered and sought to use it in bad faith. [Commenced: 3 April 2000 -> Judgment: 1 June 2000]star|10.00| 144

Pgadeals.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark -Identical - Confusingly similar - Other similar marks - Different meaning -Auction alone indicates bad faith - Bad faith registration - Bad faith use.
Complainant is the owner of the trademark PGA representing Professional Golfers Association. Respondent registered PGADeals.com as well as NHLDeals.com, NHLplaybook.com, NBADeals.com, and NFLDeals.com. Respondent alleges that his use of PGA represented the acronym Pro Game Auction and in the alternative the letters PGA are used by many organizations. Held, Name Transferred to Complainant. The use of the letters PGA followed by the term deals.com is clearly likely to create confusion with the Complainants trademark. Furthermore, given the Respondent's registration of several sports' domain names - it is obvious that this confusion was intended by the Respondent. [Commenced: ..., 2000. - > Judgment: 30 June, 2000.] 145

Plasticdocshop.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of State of California service mark and had a pending application for United States trademark and/or service mark for DOCSHOP. Respondent registered the domain names PLASTICDOCSHOP.COM and COSMETICDOCSHOP.COM. Respondent and Complainant are in a directly competitive business. Held, Name Transferred to Complainant. The domain names PLASTICDOCSHOP.COM and COSMETICDOCSHOP.COM are legally identical to Complainant's registered trademark... [Commenced: 24 January, 2000 -> Judgment: 2 March, 2000] 146

Resqdisc.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution - Partnership agreement - Registered trademark - Shared rights in trademark - Legitimate right and interest in domain.
Complainant and Respondent had an agreement to develop life preserver products. Complainant filed for and received registered trademark for RESQDISC to be used with life preservers. Respondent registered domain name in question resqdisc.com. Complainant began to market a new life preserver product, and claimed that Respondent's domain name resqdisc.com infringed upon Complainant's trademark. Held, Name Not Transferred to Complainant. Complainant and Respondent were involved in a joint venture to market products under the RESQ DISC mark, so the parties share rights in the mark. Federal registration does not terminate any prior rights to use a mark... [Commenced: 24 April 2000 -> Judgement: 30 June 2000] 147

Millenniumhotels.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - International Service marks - International Trademarks -Famous mark - Identical - Confusingly similar - Bad faith registration -Offer to sell - Reason for registration is resale for profit - Respondent owning other domain names and soliciting offers to sell.
Complainant owns and operates at least 117 hotels worldwide. Complainant owns 60 trademark registrations worldwide for millennium and millennium hotels and resorts and its derivatives in the field of hotel services. Complainant enjoys a widespread international reputation and goodwill. Respondent registered the domain name millenniumhotels.com. Held, Name Transferred to Complainant No Response was filed. Respondent has no legitimate basis to register the domain name which is confusingly similar to the mark of the Complainant. Respondent owns at least 21 other domain names, none of which are active sites... [Commenced: 21 April 2000 -> Judgement: 8 June 2000] 148

Marriot.com| - Read the case summary - Decision: 8-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark -Identical - Confusingly similar - Bad faith registration - Bad faith use -Doubling letter - Mis-spelling - Phonetically identical.
Complainant is a well known provider of commercial hotel, restaurant and hospitality services in the U.S. and internationally. Complainant has registered and used the mark, MARRIOTT since at least 1957. Respondent is an individual and registered the domain name, MARIOT.COM on March 15, 2000. Held, Name Transferred to Complainant. Complainant must establish both bad faith registration and bad faith use. It is clear that Complainant's mark, MARRIOTT, and its corresponding domain name, MARRIOTT.COM, is confusingly similar to the domain name MARRIOT.COM... [Commenced: 2 May 2000 -> Judgment: 15 June 2000] 149

Morrisonandhecker.com et al.| - Read the case summary - Decision: 8-Aug-2000
Domain name - U.S. Service mark - Confusingly similar - Identical - Bad faith registration - Famous and distinctive mark - Respondent in default - Deceit - Respondent changing registrant names in order to evade responsibility - Pattern of behaviour - Respondent registering names of 75 other law firms.
Complainant is a law firm which has been in continual existance for almost a century and has operated under the name Morrison & Hecker L.L.P. for more than forty years. It practices both national and international law for a large range of clientele. Respondent registered the sites MorrisonandHecker.com and MorrisonHecker.com. Respondents are NameIsForSale, American Distribution Systems Inc. and Datadefault.com and the administrative contact for the three companies Brian Wick. Held, Name Transferred to Complainant. [Commenced: ..., 2000 -> Judgement: May 11, 2000] 150

Mystatefarm.com| - Read the case summary - Decision: 9-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Legitimate use - Legitimate interest - Bad faith registration - Bad faith use.
Complainant was owner of United States trademark State Farm and of numerous other marks which include the phrase State Farm. Through Complainant's substantial efforts and long history, the public associates the phrase State Farm with them. Respondent registered the domain name, Mystatefarm.com. Held, Name Transferred to Complainant.It is clear that the domain name Mystatefarm.com is identical or confusingly similar to the trademark registered and used by the Complainant. The Respondent is not using, nor are there any demonstrable preparations to use the domain name in connection with a bona fide offering of goods and services. [Commenced: 9 May 2000 -> Judgment: 13 June 2000] - 177

Gardensalive.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of United States trademark, GARDENS ALIVE!. Registrant registered the domain name, gardensalive.com. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant [Commenced: ...2000 -> Judgment: April 25, 2000] 178

Gassandiamonds.com et al.| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - Sale of Domain Names for Profit - Bad faith registration - Identical - Illegitimacy - Similar to Trading Name - Daily Speech - Waiver of Right to Domain Name.
Complainant is a Dutch company that refines and trades diamonds and has operated since 1945 with offices in ten different countries. Complainant is referred to as Gassan in daily speech. Complainant seeks transfer by Respondent to it of the domain names gassandiamonds.com and gassan.com, contending that the domain name gassandiamonds.com is exactly the same as the company name of Complainant, that Respondent does not have any right to the domain name gassandiamonds.com, and that both domain names -gassandiamonds.com and gassan.com - were registered by Respondent in bad faith. Held, Name (gassandiamonds.com) Transferred to Complainant. Held, Name (gassan.com) Not Transferred to Complainant. [Commenced: 21 March 2000 -> Judgment: 25 May 2000]10.00| 179

Gate-way.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain Name Dispute Resolution Policy - Trademark - Service mark - Identical - Confusingly similar - Legitimate interests - Bad faith registration - Bad faith use.
Complainant was registrant of trademarks, GATEWAY and GATEWAY.COM. Respondent registered the domain name, gate-way.com. Complainant alleged that this domain name is identical or confusingly similar to it's registered marks. Complainant also alleged that Respondent had no prior rights or legitimate interests in the name. Complainant also alleges bad faith registration and use. Held, Name Not Transferred. The domain name gate-way.com is not identical to Complainant's trademarks, but it is sufficiently similar to show confusing similarity... [Commenced: 1 March 2000 -> Judgment: 6 April 2000] 180

Gearmagazine.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S.Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Investment Costs.
Complainant is the owner and publisher of Gear Magazine. Complainant owns the registered mark GEAR. Since July 1998, Complainant has continuously and extensively used this mark in interstate and foreign commerce in connection with the sale of goods and services. Well after Gear became a popular national magazine and after the GEAR mark received a federal trademark registration, Respondent registered the domain name GEARMAGAZINE.COM. Respondent then proceeded to make a proposal of either hiring. Respondent to run GEARMAGAZINE.COM as the official website of Gear, purchasing the website from him, or using the website while remain[ing] entirely independent from GEARMAGAZINE.com. Held, Name Transferred to Complainant. [Commenced: 11 April 2000-> Judgment: 11 May 2000]U.S. Service mark| 181

Guerlain.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - Trade mark - Identical - Confusingly similar - Bad faith registration - Passive holding - Pattern of Behavior - Bad faith use - Evidence.
Complainant was registrant of United States and New Zealand trade marks. Respondent registered the domain name, guerlain.net. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. Complainant must establish both bad faith registration and bad faith use It is clear that the domain name GUERLAIN.NET is identical or confusingly similar to the trademarks registered and used by Complainant, GUERLAIN. It is also clear that Respondent has no rights or legitimate interest in respect of the domain name. This is bad faith registration... [Commenced: August 26, 1999 -> Judgment: March 21, 2000] 182

Hambletonian.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain Name Dispute Resolution Policy - Service mark - Trademark -Identical - Confusingly similar - Legitimate interests - Bad faith registration - Bad faith use.
Complainant was registered owner of trademark, Hambletonian, and of service mark, Breeders Crown. Respondent registered domain names hambletonian.com and breederscrown.com. Complainant alleged that Respondent's domain names were identical to its marks, Respondent had no legitimate interests with respect to the names, and that Respondent registered and used the names in bad faith. Held, Names Transferred to Complainant. Complainant must establish bad faith registration and use, and that the Respondent has no legitimate interests in the domain name at issue. The registered domain names are identical and confusingly similar to the marks of Complainant... [Commenced: 11 February 2000 -> Judgment: 14 March 2000] 183

Golfer'swarehouse.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar.
Complainant was owner of United States Trademark Golfer's Warehouse. Registrant registered a trademark with an identical domain name, golferswarehouse.com. Complainant alleged that its registered marks and the registered domain name were identical. Held, Name Transferred to Complainant. Complainant must establish bad faith registration. It is clear that the domain name GOLFER'SWAREHOUSE.COM is identical or confusingly similar to the service mark and trademark registered and used by Complainant, GOLFER'S WAREHOUSE. It is also clear that Respondent has no rights or legitimate interest in respect of the domain name. This is bad faith registration. [Commenced: 26 January, 2000 -> Judgment: 14 March, 2000]0|| 184

Hamburgerhamlet.com| - Read the case summary - Decision: 17-Aug-2000
Domain Name - Domain Name Dispute - Uniform Domain Name Dispute Resolution Policy - Trademark - Registration - Service Mark - Bad Faith Registration - Bad Faith Use - Under Construction - Identical Name - Confusingly similar - Distinctive Service mark - Secondary Meaning.
Complainant is registrant of trademark HAMBURGER HAMLET. Respondent is registrant of domain name HAMBURGERHAMLET.COM. Complainant alleges that given the distinctiveness of its mark particularly in where the Respondent resides, the Respondent was aware of Complainant's mark at time Respondent registered domain name. Complainant alleges that Respondent's domain name is identical or confusingly similar with Complainant's registered mark, that Respondent has no rights or legitimate interests in respect of domain name and that domain name has been registered and is being used in bad faith. Held, Name Transferred to Complainant. [Commenced ... -> Judgment: March 31, 2000] 185

Hankisoninternational.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - US Unregistered Trademark - Common law protection Fictitious name registration - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant's trademark, Hankison International, was not registered. Registrant registered the domain name, HANKISONINTERNATIONAL.COM. Complainant alleged that its trademark was identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. Unregistered marks are protected under common law principles. Thus, complainant's name has common law protection extending back at least to 1991. Respondent's fictitious name registration creates only a rebuttable presumption of an exclusive right to use by the registrant. Complainant has overcome the presumption by virtue of its common law protection. [Commenced: 11 April 2000 -> Judgment: 3 May 2000] 186

Esquire.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. trademark - Brand equity - Identical - Confusingly similar - Pattern of Behavior - Generic mark - Generic name - Well-known name - Famous marks - Third party interest - Cybersquatter - Intended Use - Bad faith use.
Since 1922, Complainant was the owner of several United States trademarks and a number of other registrations which include the Esquire trademark. Complainant has a website with the domain name esquiremag.com. Respondent registered the domain name esquire.com originally, third party claims to be the true party in interest in this proceeding in that it now owns the rights to the domain name. Third party agreed to be bound by decision. Held, Name Transferred to Complainant. Complainant, HEARST, has met its burden of proof in establishing that the domain name, esquire.com, is confusingly similar to its trademark... [Commenced: ... -> Judgment: 13 April 2000] 187

Heelquik.com et al| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. trademark - License to use - License Agreement - Registration without authorization or approval - Identical - Confusingly similar - No legitimate interests - Bad faith registration - Bad faith use.
Complainant is the owner of a United States trademark, HEEL QUIK. Respondents are licensees operating a Heel Quik! store pursuant to a license agreement with Heel Quik!. Respondents registered the domain name, HEELQUIK.COM. Complainant alleged that Respondents do not have rights or legitimate interests in the domain name and are using it in bad faith. The license agreement gave respondents no ownership interests in the HEEL QUIK trademark and only granted to Respondents the use of the mark with the consent of Heel Quik!. Held, Name transferred to Complainant. [Commenced: 24 January 2000 -> Judgment: 1 March 2000]License to use| 188

Hewlittpackard.com| - Read the case summary - Decision: 17-Aug-2000
Domain Name - Domain name dispute resolution policy - 17 U.S. Trademarks - U.S. Service Mark - Famous names - Distinctive names - Nearly identical names - Confusingly similar - Unauthorized use - Bad faith Registration.
Complainant is owner of the service mark, trade name and 17 registered trademarks, Hewlett-Packard. Complainant's Hewlett-Packard mark is famous and distinctive.The Respondent has adopted the nearly identical name Hewlittpackard.com as a domain name. Complainant alleges that the Respondent has no legitimate rights in the domain. Complainant alleges bad faith on the part of the Respondent. Complainant alleges that the Respondent engaged in unauthorized use of Hewlett-Packard Company web site materials. Held, Name Transferred Complainant must establish both bad faith registration and bad faith use. [Commenced: 23 February 2000 -> Judgement: 7 April 2000]12.00Famous| 189

Highclass.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - Trade mark - Service mark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate interest - Cybersquatting - Genericname.
Complainant was registrant of United States and international trademark, HIGH CLASS and its variations. Registrant registered the domain name, highclass.com. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name not Transferred to Complainant Complainant must establish both bad faith registration and bad faith use. It is clear from Complainant's U.S. trademark agreement that it does not have exclusive use of the mark, HIGH CLASS simpliciter... [Commenced: March 3, 2000 -> Judgment: May 4, 2000]No6|| 190

Hollywood-casino.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Domain names identical - Confusion - Bad faith registration - Bad faith use.
Complainant is owner of eight valid and subsisting registrations on the Principal Register of the U.S. Patent and Trademark Office using the name Hollywood Casino. The Respondent is owner of registered domain names Hollywood-Casino.com, Hollywood-Casino.net, Hollywoodgoldcasino.com and Hollywoodgoldcasino.net. Complainant alleged the first two domain names are identical to the Complainant's trademark and service mark Hollywood Casino and the Respondent registered the names in bad faith. Held, Names Transferred to Complainant Held, Names Cancelled [Commenced: 21 February 2000 -> Judgement: 30 March 2000] 191

Homedirector.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Pseudonyms -Failure to respond.
International Business Machines Corporation (IBM) was registrant of United States trademark HOME DIRECTOR. IBM assigned mark to Complainant. Respondent registered the domain name, homedirector.com. Complainant alleged that its registered mark and the registered domain name were identical or confusingly similar and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. It is clear that the domain name homedirector.com is virtually indistinguishable from Complainant's mark HOME DIRECTOR. Complainant must establish both bad faith registration and bad faith use. [Commenced: 7 March 2000 -> Judgment: 11 April 2000]|U.S. Trademark| 192

Hp.org| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Service mark - World-wide recognition - Exclusive rights - Confusingly similar - Rights - Legitimate interests - Bad faith registration - Bad faith use.
Complainant was registrant of numerous service proprietary marks in connection with computer products, specifically marks consisting of HP. Complainant has exclusive rights to the use of HP marks. Respondent registered the domain name HP.ORG. Complainant alleged that Respondent's domain name was registered and used in bad faith, and that Respondent had no rights or legitimate interests in the name. Held, Name Transferred to Complainant Complainant must prove bad faith registration, bad faith use, and absence of rights or legitimate interests. [Commenced: April 12, 2000 -> Judgment: May 11, 2000] 193

Icqguide.com| - Read the case summary - Decision: 17-Aug-2000
Domain name - Domain name dispute resolution policy - Trademarks - Identical - Confusingly similar - Bad faith registration - Bad faith use - International Commerce - Interstate Commerce.
Complainant, America Online, Inc., was the registered owner of numerous trademarks that include ICQ in at least nine countries. Respondent, Netbest, registered the domain name ICQGUIDE.COM. Held, Name Transferred to Complainant. The domain name ICQGUIDE.COM was nearly identical and confusingly similar to other ICQ marks in which Complainant had rights, including the mark ICQ, and to which the Respondent had no right or legitimate interests... [Commenced: 4 February, 2000 -> Judgment: March 29, 2000]3Trademarks| 194

Icqms.com| - Read the case summary - Decision: 18-Aug-2000
Domain Name - Trademark - Identical - Confusingly Similar - Bad faith registration - Bad faith use.
Complainant was the owner of numerous trademarks, service marks, and trade names that included the term ICQ. Respondent registered the domain name icqsms.com. Complainant alleged that the respondent registered the domain name icqsms.com in bad faith and had no rights or legitimate interest in respect of the domain name. Held, Name Transferred to Complainant. The domain name icqsms.com registered by Respondent is identical to Complainant's ICQ mark, ICQ SMS, and is nearly identical and confusingly similar to the other ICQ marks in which Complainant has rights. It is clear that Respondent has no rights or legitimate interests in respect of the domain name. This is bad faith registration. [Commenced: 11 January 2000 -> Judgment: 10 February 2000] 195

Indianinfospace.com| - Read the case summary - Decision: 18-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Uncontested.
Complainant was registrant of United States service mark and United States trademark. Registrant registered the domain name, indianinfospace.com.. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. Complainant must establish both bad faith registration and bad faith use. The Complainant contends that the domain name at issue is confusingly similar to the Complainants trademarks. The dominant element of each of the Complainants trademarks is the term INFOSPACE. The Respondents domain name is confusingly similar in that it simply adds the word India... [Commenced: 16 February, 2000 -> Judgment: 6 April, 2000]33| 196

Infopaq.com et al| - Read the case summary - Decision: 18-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant, one of the largest producers of personal computers in the world, owns the trademark COMPAQ in association with computer-related products and services in over 100 countries. Complainant owns a family of registered trademarks prefixed by SMART or suffixed by PAQ including INFOPAQ. Respondent registered the domain names INFOPAQ.COM and SMARTPAQ.COM. Respondent indicated that third parties were offering to buy the domain names with the clear implication that Respondent would sell for the best price. Respondent has not made a response. Held, Names Transferred to Complainant. INFOPAQ.COM is identical to the trademark of Complainant... [Commenced: 15 February, 2000 -> Judgment: 28 March, 2000]|| 197

Ingersoll-Rand et al| - Read the case summary - Decision: 18-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Multiple domain names - Link to pornography - Commercial use - Uncontested allegations - Precedent- Sale for consideration - Distinctive names - Famous marks - Well know marks - Inactivity - Bad faith - Satire - Protected comment - Free speech.
Complainant has been owner of registered trademark, Ingersoll-Rand, for approximately 80 years, registering every 20 years beginning in 1921. Respondent, employee of Advcomren, registered the domain names INGERSOLL-RAND.NET, INGERSOLL-RAND.ORG and INGERSOLLRAND.ORG. Respondent used names for commercial gain as links to web sites containing pornography. Complainant alleges Respondent registered and used domain names in bad faith and had no legitimate interest in the names... Held, Name Transferred to Complainant. [Commenced: 4 February 2000 -> Judgement: ...2000]|Multiple domain names| 198

Ink-source.com| - Read the case summary - Decision: 18-Aug-2000
Domain name - U.S. Service mark - Confusingly similar - Identical - Bad faith registration - Well known mark - Late filing of Response - Registration of mark is constructive notice - Adverse inference can be drawn by failure to rebut - Inaction or failure to respond to letters and a Complaint can be evidence of bad faith.
The Complainant and its predecessors in interest have been involved in the manufacturing, sales and distribution of ink and ink-related products since the early 1970's and have sold these under the mark of INK SOURCE since 1990. In 1990, the Complainant through its predecessor in interest filed an application to register the INK SOURCE mark, which was issued in 1992. The Respondent IRG Coins registered the domain name on behalf of the Respondent Ink Source, Inc. who intended to use the site to promote its ink products. Held, Name Transferred to Complainant. [Commenced: March 1, 2000 -> Judgement: April 11, 2000]|Well known mark| 199

Iphones.com| - Read the case summary - Decision: 18-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of two United States trademarks, one of which was registered in the European Union and New Zealand. Registrant registered the domain name, iPhones.com. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. The Complainant's record of holding and registering trademarks and engaging in connected business and offers of goods and services leads to an inference that Complainant has expended time, effort and money in promoting the marks. [Commenced: February 1, 2000 -> Judgment: 13 April, 2000]11U.S. Service mark| 213

Sanforized.com| - Read the case summary - Decision: 18-Aug-2000
Domain Name - Domain Name Dispute Resolution Policy - Registered Trademark - Identical - Illegitimate Interest - Likelihood of Confusion - Bad Faith Registration - Bad Faith Use - Website Under Construction - Burden of Proof.
Complainant is owner of the registered trademark Sanforized,which is associated with piece goods of cotton, linen, silk, rayon, and combinations thereof. Respondent registered the domain name SANFORIZED.COM on 21 September 1999, but the website at t address has been under construction for six months. Complainant contends that Respondent's domain name SANFORIZED.COM is identical to Complainant's registered trademark and that Respondent has no right or legitimate interest in the disputed domain name... Held, Name Not Transferred to Complainant. [Commenced: 8 May 2000 -> Judgment: 15 June 2000] 214

Scaniabilar.com| - Read the case summary - Decision: 18-Aug-2000
Domain name - Swedish Trademark - U.S. Trademark - Confusingly similar - Bad faith registration - Famous mark - Mark also place name - Offer to sell for excessive sum.
Complainant holds trademarks for Scania in Sweden and the United States and various forms of Scania-Bilar in Sweden. Complainant is involved in the automotive industry and in the sale of motor cars. Respondent registered the domain name scaniabilar.com. Held, Name Transferred to Complainant. The domain name was confusingly similar to Complainant's trademark in connection with trade in motor vehicles. Bilar is the swedish word for car. Aside from its use by the Complainant, the word Scania (Skne) is the name of a county in southern Sweden... [Commenced: March 16, 2000 -> Judgement: May 16, 2000] 215

Seattlesidewalk.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - U.S.service mark - Inherently distinctive marks - Identical - Confusingly similar - Legitimate use - Legitimate interest - Bad faith registration - Bad faith use.
Complainant was owner of United States service mark and United States trademark sidewalk and of websites www.seattle.sidewalk.com and www.seattle.sidewalk.citysearch.com. Respondent registered the domain name seattlesidewalk.com. Held, Name Transferred to Complainant. The domain name seattlesidewalk.com registered by the Respondent is so close as to be identical or confusingly similar to the Complainant's seattle.sidewalk.com and U.S. service mark sidewalk... [Commenced: 10 May 2000 -> Judgment: 12 June 2000] 216

Shack.com| - Read the case summary - Decision: 19-Aug-2000
Domain Name - Domain name dispute resolution policy - U.S. trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate interest - Bona fide offering of services.
Complainant owns the trademark, Shack, which is licensed to RadioShack, a division of Complainant corporation. Respondent formed a website company named Design Shack in 1996 and purchased the domain name, shack.com, from a third party. The name of the company was chosen in part because of its association to its creator, whose nickname is Shack. Since 1997 the domain name has remained dormant but Respondent has future plans to use it. The future plans do not involve competing with Complainant. Respondent has refused numerous offers to purchase the domain name. Held, Name Not Transferred to Complainant. Respondent conceded that the names are confusingly similar. [Commenced: 19 May 2000 -> Judgement: 30 June 2000] 217

Solvay.net| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - Trade mark rights - Identical - Confusingly similar - No rights or legitimate interests - Bad faith use - Bad faith registration - Imputed knowledge - Default - Sale to World at large.
Complainant, a Belgian registered company, has acquired a trading reputation under its corporate name SOLVAY and has numerous registrations of the trade mark dating back at least from 1972. Respondent, based in Netherlands, registered the domain name in issue, solvay.net in 1999. Shortly after registration, Respondent offered to sell solvay.net to Complainant and stated in part:- In the past, we have bought some domains, including www.solvay.net. Because Solvay needs this name for online sales and exclusivity (sic) we want to sell this name at a reasonable price. Respondent made no submissions to the proceedings. Held, Name transferred to Complainant. [Commenced: 4 May 2000 -> Judgment: 19 June 2000] 218

Statefarms.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Pattern of behaviour - "Typo" squatting.
Complainant is a registrant of the trademark, STATE FARM. It has used the mark in relation to numerous business activities and services, specifically the insurance industry, since 1930. Respondent registered the domain name, STATEFARMS.COM in February of 1999. Held, Name Transferred to Complainant. Complainant's mark, STATE FARM is confusingly similar to the domain name, STATEFARMS.COM regardless of the addition of the plural S. Respondent has failed to show that it has planned to make use of the domain name in relation to any offering of goods or services. Respondent is not known nor has it ever been known by the mark or any name related to the Complainant's mark. [Commenced: 2 May 2000 -> Judgment: 6 June 2000] 219

Talk-city.com et al.| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Recognition - Bad faith registration - Bad faith use - Identical - Confusingly similar - Proper procedures.
Complainant is registered owner of the trademark Talk City. Respondent registered the names talk-city.com, meta-crawler.com, meta-crawler.net, win-zip.com, and four-11.com. Complainant alleged that each of these domain names is similar to that of its registered mark, and that Respondent does not have legitimate rights or interests in the names. Held, Name Transferred to Complainant. Respondent made its response after the deadline for response. An inconsistent approach to the Rules will cause a lack of confidence in the Policy. Thus, Respondent's late responses are disregarded. [Commenced: 26 January 2000 -> Judgement: 29 February 2000] 220

Thedenverpost.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Respondent using site as link to both its own site and Complainant's site - Respondent registered domain name for commercial gain by diverting customers from Complainant.
Complainant is a daily newspaper in operation for nearly 100 years. Complainant owns a trademark for the mark THE DENVER POST. The Respondent registered the domain name THEDENVERPOST.COM. Held, Name Transferred to Complainant The domain name THEDENVERPOST.COM is so close as to be identical or confusingly similar. Respondent has no legitimate reason or rights to use the domain name. [Commenced: 12 May 2000 -> Judgement: 15 June 2000] 221

Thelawsociety.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - U.K. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Respondent registering domain name for purpose of sale - Irrelevant that others may have legitimate interest in purchase of domain name.
Complainant is the professional organisation of solicitors in England and Wales. Respondent is a member of the organisation. Complainant is the owner of a registered trademark in the U.K. of the mark The Law Society. Respondent registered the domain name thelawsociety.com. Held, Name Transferred to Complainant Many jurisdictions with equivalent organisations use the name the Law Society of . These organisations would also have a legitimate interest in the domain name. Respondent admits that he registered the domain name for the purpose of selling it to either the Complainant or to another interested party... [Commenced: 28 April 2000 -> Judgement: 7 June 2000] 222

Thelawyerlist.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Legitimate rights - Bad faith.
Complainant is the registered owner of the trademark, The Lawyers List, and has used it since 1904. Respondent registered the domain name, thelawyerslist.com but it is not identifiable to any product or service of the Respondent. Complainant alleged that the domain name is identical or confusingly similar to its mark, that Respondent has no legitimate interests in the name, and that Respondent registered and used the name in bad faith. Held, Name Transferred to Complainant. Respondent's domain name is identical or confusingly similar to Complainant's trademark. Respondent also does not have legitimate rights or interests in the domain name. Respondent registered and used the name in bad faith. [Commenced: 22 May 2000 -> Judgement: 21 June 2000] 223

Tippex.com et al.| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate rights.
Complainant was registered owner of trademarks TIPP-EX and TIPPEX. Respondent registered the domain names TIPPEX.COM and TIPP-EX.COM. Complainant alleged that Respondent's domain names are identical or confusingly similar to its marks, and that Respondent had no legitimate rights in the names and thus registered and used them in bad faith. Held, Names Transferred to Complainant. Respondent failed to respond to the complaint. The Panel thus shall draw such inferences therefrom as it considers appropriate. Respondent's domain names are nearly identical to the marks of Complainant and thus are confusingly similar... [Commenced: 11 May 2000 -> Judgement: 20 June 2000] 224

Transmedia.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark- Legitimate interest - Legitimate use - Bad faith registration - Bad faith use - Future use.
Complainant was owner of United States and U.K. trademark registrations for the word Transmedia. Respondent registered the domain name, Transmedia.com. Complainant alleged that Respondent had no legitimate interest in the domain name and is using it in bad faith. Held, Name Transferred to Complainant. There is no doubt that the names are identical. Respondent has established no legitimate usage or reason for use other than as a name for services it would provide. As to bad faith, Respondent has not set forth any services that it is or would be providing for which it would or could use the name other than a hope that he would offer services on the Internet... [Commenced: 21 November 1996 -> Judgment: 7 June 2000] 225

Truesoups.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trade Mark - Identical - Confusingly similar.
Complaint is the owner of the United States trademark registrations for truesoups.com which is a recognized mark in the food service industry. Respondent registered domain name identical to Complainant's trademark. Respondent offered to sell domain name to Complainant. Held, Name Transferred to Complainant. The domain name truesoups.com registered by Respondent was found to be confusingly similar to Complainant's trademark to which Complainant has rights and Respondent does not. Arbitrator finds that Respondent did register the domain name truesoups.com in bad faith and has no rights or legitimate interests in respect to said domain name... [Commenced: 3 May, 2000 -> Judgement: 7 June, 2000] 226

Twilightzone.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - U. S. Trade mark - U. S. Domain name - Identical - Confusingly similar - Rights or legitimate interests - Bad faith registration - Bad faith use.
Complainant is owner of a number or trade marks for THE TWILIGHT ZONE. Respondent is registrant of domain name TWILIGHTZONE.COM. Respondent does not use the domain name for any commonly addressable Internet function but claims to use the domain name in its capacity as an Internet service provider. Held, Name Transferred to Complainant. The domain name twilightzone.com is confusingly similar to Complainant's mark. The initial article the is not a distinguishing feature, it is likely to be overlooked by most consumers and the addition of .net or .com or the absence of the space between the words is not significant in determining similarity... [Commenced: 16 June 2000 -> Judgment: 6 July 2000] 227

Ufcw.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - U.S. Service mark - Identical - Confusingly similar - Bad faith registration - Respondent filing late Response - No explanation for late filing of Response, therefore not admitted - All reasonable inferences of fact in the Complaint taken to be true - Respondent having actual awareness of service mark of Complainant.
Complainant is the United Food and Commercial Workers International Union (UFCW), a labour organization with 1.4 million members. It registered UFCW as a service mark in 1982. Complainant operates a website www.UFCW.org. Respondent registered domain name UFCW.com. Held, Name Transferred to Complainant. Respondent filed a Response approximately fifteen days late. No explanation was given for the late filing. The Panel decided, therefore, to exclude the Response. All reasonable inferences of fact alleged by Complainant were taken to be true... [Commenced: 1 May 2000 -> Judgement: 8 June 2000] 228

Venesign.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - ICANN Uniform Domain Name Dispute Resolution Policy - Notification of Respondent Default - U.S. Trademark - Application for registration - European Community - Stand-alone protection - Commercial gain - Cease and desist - Confusingly similar - Legitimate rights and interests - Bad faith registration.
Complainant, VeriSign, Inc., is owner of website www.verisign.com and of registered U.S. Trademark with application for registration to European Community plus nineteen other countries for VeriSign which consists of an initial V in the form of a check mark and a capital S in the middle of the word. Respondent, VeneSign C.A., is user of domain name venesign.com which contains a visual appearance on its website that shows an initial capital V in the form of a check mark and a capital S in the middle word... Held, Domain Name not transferred to Complainant. [Commenced: 28 April 2000 -> Judgment: 28 June 2000] 229

Werthersoriginal.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Legitimate interest - Bad faith registration - Bad faith use.
Complainant was owner of numerous trademark registrations worldwide for the mark WERTHER'S ORIGINAL. Respondent registered the domain name, werthersoriginal.com. Complainant contends that Respondent had no legitimate interests in the domain name and registered it in bad faith. Held, Name Transferred to Complainant. It is clear that the domain name WERTHERSORIGINAL.COM is identical to the trademark registered and used by Complainant in the worldwide distribution and sales of one of its most popular candies, WERTHERS ORIGINALS. It is also clear that Respondent has no valid or legitimate interest in the domain name and thus registered and used the domain name in bad faith. [Commenced: 22 March 2000 -> Judgment: 3 May 2000] 230

Whiskeyagogo.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - International trademarks - Identical - Confusingly similar - Legitimate rights - Bad faith.
Complainant holds a US trademark for the name Whiskey a Go GO. Respondent owns the Canadian trademark whiskey a gogo, and operates an adult website incorporating this name. Complainant alleged that Respondent has no rights to the name outside the site, and that the name is identical or confusingly similar to its own name. Complainant also alleged that Respondent registered and used the name in bad faith. Held, Name Not Transferred. Respondent's name is unquestionably similar to Complainant's name. The signification are the same, thus the domain name and the brand are therefore confusingly similar. Respondent has demonstrated that it has legitimate rights to the name... [Commenced: 19 May 2000 -> Judgement: 3 July 2000] 231

Winfieldcapital.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - Identical - Confusingly similar - Bad faith registration - Development services - No intent to use domain name.
Complainant, Winfield Capital Corp., was the owner of the U.S. service mark WINFIELD CAPITAL, which has been used since 1972. Respondent registered the domain name, winfieldcapital.com. Held, Domain Name Transferred to Complainant. The registered domain name winfieldcapital.com is identical to complainant's service mark and was not contested by respondent. Respondent also failed to show any evidence of an intent to use the domain name for its own purposes and thus had no rights or legitimate interest in the domain name. It was concluded that the registration and use of the domain name was in bad faith as Respondent was aware that Winfield Capital did not have their own web site. [Commenced: 5 May 2000 -> Judgment: 11 June 2000] 232

Yahooventures.com| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - U. S. Trade mark - U. S. Domain name - Confusingly similar - Rights or legitimate interests - Bad faith registration - Bad faith use.
Complainant is registrant of 8 trade marks for YAHOO! Respondent is registrant of domain name YAHOOVENTURES.COM in connection with his venture capital and business consulting service. Held, Name Transferred to Complainant. A likelihood of confusion exists between Respondent's domain name and Complainant's trade mark and domain name because Complainant's mark is well-known to millions of Internet users around the world as providing a variety of services, including financial services... [Commenced: 21 April 2000 -> Judgment: 14 June 2000]4|| 233

Woodywoodpecker.net| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Service mark - Recognition - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate rights.
Complainant was registrant of service marks and trademarks for Woody Woodpecker in numerous countries. Respondent registered the domain name woodywoodpecker.net. Complainant alleged that the name is identical with and confusingly similar to its registered marks, that Respondent has no rights or legitimate interests in the domain name, and that Respondent registered and used the name in bad faith. Held, Name Transferred to Complainant. Respondent's registered domain name is identical with and confusingly similar to the trademarks and service marks of Complainant. Respondent does not dispute this. Respondent has no rights or legitimate interests in the domain name... [Commenced: 26 April 2000 -> Judgement: 16 June 2000] 234

Scientologie.org| - Read the case summary - Decision: 19-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Obtained rights.
Complainant's trademark and service mark SCIENTOLOGIE has been registered for numerous goods and services from 1984 on in 10 countries. Complainant is the owner of the trademarks and service marks SCIENTOLOGY, SCIENTOLOGIA, SCIENTOLOGI and SAJENTOLOGIJA registered in 19 countries. In the United States, the SCIENTOLOGY trademark has been used since at least as early as 1951 in connection with religious and ministerial services. In 1934, a book in the German language was written and published in Germany by Dr. Anastasius Nordenholz and was used by L. Ron Hubbard as a basis for the philosophical foundation of the Church of Scientology... Held, Domain name not transferred. [Commenced: 17 May 2000 -> Judgement: 23 June 2000 ] 235

Adobeacrobat.com et al.| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Default - Notification requirement.
The Complainant is Adobe Systems Incorporated. The disputed domain names are adobeacrobat.com and acrobatreader.com. Respondent owned a large number of domain names, many of which are identical or confusingly similar to trademarks of which the public is likely to be aware. On March 8, 2000, WIPO transmitted notification to Respondent of its default in responding by registered priority air mail and e-mail. Held, Name Transferred to Complainant. The Panel is satisfied that WIPO took all steps reasonably necessary to notify the Respondent of the filing of the Complaint and initiation of these proceedings... [Commenced: 16 February 2000 -> Judgement: 22 March 2000] 236

Abta.net| - Read the case summary - Decision: 22-Aug-2000
Domain name virtually identical to trademark - Likelihood of confusion - Bad faith use and registration - ICANN's Rules for Uniform Domain Name Dispute Resolution Policy - Survey as evidence of mark - Failure to file response with WIPO - Recognition of mark.
Complainant, the Association of British Travel Agents Limited [ABTA] has some 2,300 member businesses in the United Kingdom, Ireland and the European Union and its ABTA mark is used by them in connection with the advertising and sale of travel, accommodation and transport services to both businesses and members of the public. As evidence of recognition of trademark, complainant exhibits an extract from a survey whereunder 88% of those interviewed in the United Kingdom indicated awareness of ABTA... Held, Name Transferred to Complainant. [Commenced:... -> Judgement: March 29, 2000] 237

Aeroturbine.net| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - U.S. Service mark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of United States trademark and United States service mark. Registrant registered the domain name, aeroturbine.net. Complainant alleged that its registered mark and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. The registered domain name is identical to or confusingly similar to Complainant's registered trademark as well as its legal corporate name, which Complainant has used at least two years prior to Respondent's registration. Respondent does not have any rights or legitimate interests in respect of the domain name. [Commenced: 10 February 2000 -> Judgment: 28 February 2000] 238

Alaskaairlines.org| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith - Domain name consolidation service - Legitimate interest - Package - Trademark infringement.
Alaska Airlines owns several U.S. trademarks in ALASKA AIRLINES; all registered between December 1968 and April 1996. Respondent, Alf Temme registered the alaskaairlines.org domain name with the Registrar, Network Solutions, Inc. on April 6, 1999. The status of the domain name is hold. In a letter written to the Complainant, Respondent admitted that he had registered 16 domain names using the ALASKA AIRLINES mark. Respondent offered to sell the package of 16 domain names for US$32,000 as part of what Respondent calls his domain name consolidation service. He stated that the package price is NOT NEGOTIABLE (emphasis in letter)... Held, Name Transferred to Complainant. [Commenced: 22 February, 2000 -> Judgment: 2 April, 2000] 239

Alcoholicsanonymous.net| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. service mark - U.S. trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Notification of Respondent.
Complainant was registrant of United States service mark and United States trademark. Respondent registered the domain name alcoholicsanonymous.net. Complainant alleges that its registered mark and trademark are identical or confusingly similar and that the Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. Complainant must establish that the name was registered and used in bad faith. It is clear that the domain name ALCOHOLICSANONYMOUS.NET is identical or confusingly similar to the service mark and trademark registered and used by the complainant ALCOHOLICS ANONYMOUS... [Commenced: January 24, 2000 -> Judgment: March 6, 2000] 240

Americansportsnetwork.com| - Read the case summary - Decision: 22-Aug-2000
Domain Name - U.S. Service Mark - Identical - Confusingly similar - Bad faith registration - Misleadingly diverting consumers - Tarnishing of service mark - Diverting customers.
Complainant was the owner of the U.S. service mark AMERICAN SPORTS NETWORK. Respondent registered AMERICANSPORTSNETWORK.COM, despite the fact that it operated its business under the name of American Sports Schedule, and American Sports Companies, Inc. Held, Name Transferred to Complainant. The Respondent has demonstrated bad faith domain name registration. Other than the registration and short-term use of the domain name, the Respondent had never been commonly known by the domain name or any substantially similar name. The Respondent admitted the existence of a domain name identical to its generally known business name. [Commenced: 22 March, 2000 -> Judgment: 27 April, 2000] 241

Americanvintage.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Evidence of bad faith registration and use.
Complainant was registrant of United States trademark AMERICAN VINTAGE. Respondent registered the domain name, americanvintage.com. Complainant alleged that its registered trademark and the registered domain name were identical and that the Respondent appeared to have no rights or legitimate interests in respect of the domain name at issue and appeared to have registered the said domain name in bad faith. The Respondent has not contested the allegations of the Complainant. Held, Domain Name Transferred to Complainant. Since both the complainant and Respondent are domiciled in the United States, the Panel will look to the rules and principles of law of the United States... [Commenced: 10 January 2000 -> Judgment: 16 February 2000] 242

Americaonline.com et al.| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith - Legitimate noncommercial or fair use - Knowledge - Intent to deceive.
Complainant is the owner of numerous trademark registrations worldwide for the mark AMERICA ONLINE, registered on September 15, 1995 in Turkey, and registered on October 16, 1990 in the United States. Complainant also uses the mark AMERICAONLINE.COM as a domain name for its portal Web site. On August 21, 1997 and June 11, 1998, respondent registered americanonline.com and americaonline.net with Network Solutions. Complainant's prayer for relief seeks that the domain names be transferred from Respondent to Complainant. Held, Name Transferred to Complainant. The domain names americanonline.com and americaonline.net are nearly identical and confusingly similar to the AMERICA ONLINE mark. [Commenced: 11 February 2000 -> Judgment: 16 March 2000] 243

Aopa.com et al.| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Bad faith - Legitimate interest - Legitimate organization - Monopolize.
The Complainant, Aircraft Owners & Pilots Association (AOPA) owns the trademark aopa. The Respondent, Albanian Oil Paintings & Antiques registered the name aopa.com on April 19, 1998 with Network Solutions, Inc. Complainant contends that it has used the letters aopa for 53 years, that it maintains a web page using the name aopa.org, that it uses the letters on credit cards and for other purposes, and that its name has been registered at the United States Patent Office since 1947. Respondent has not used the name in any matter of business. The evidence supports the conclusion that there is no such business... Held, Name Transferred to Complainant. [Commenced: 23 February, 2000 -> Judgment: 30 March, 2000] 244

Arizonacardinals.com et al.| - Read the case summary - Decision: 22-Aug-2000
Confusingly similar to trademark - Bad Faith use and registration of domain names - Noncommercial education as right and legitimate interest - Prior knowledge of trademark - Minimal content on web site - Multiple domain name registrations of same trademark - Failure to respond properly to Complaint - Pattern of registration as evidence of bad faith - Famous marks.
Complainants are National Football League Properties, and owners of American football teams who are members of the NFL. By reason of the extensive advertising and unsolicited media coverage of Complainants' services, the Complainants' Marks have come to be recognized and relied upon as identifying Complainants, and distinguishing them from others. Respondent registered the domain names without authorization from Complainants... Held, Domain Names Transferred. [Commenced: ... -> Judgement: April 26, 2000] 245

Astrocartography.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Worldwide Service mark - Worldwide Trademark - Trade Names - Nearly Identical - Confusingly similar - Bad faith registration - Bad faith use - Generic names - Descriptive names.
On October 21, 1998, Respondent registered the domain name ASTROCARTOGRAPHY.COM. Complainant Astro*Carto*Graphy Living Trust holds the Trademark/Servicemark and word mark Astro*Carto*Graphy, both used in commerce since 1976. The stated purpose of the mark was for: Consulting services in the field of astrology. Complainant and Respondent are engaged in the same general area of commerce. Held, Name Not Transferred to Complainant. [Commenced: 6 March 2000 -> Judgement: 26 April 2000]10.00| 246

Avidia.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Constructive knowledge - Trade Names - Confusingly similar - Bad faith registration - Bad faith use - Late submissions - Former Employee.
The Complainant is the owner of four trademarks that include the word AVIDIA, AVIDIA, AVIDIA SYSTEMS, AVIDIAWARE, and AVIDIA IQ. The Complainant had registered the domain name AVIDIA.COM, but the registration lapsed. The Respondent registered the domain name in April, 1999, the same month the Complainant says the registration lapsed. The Complainant employed the Respondent as vice president of sales. The Respondent left his employment in May 1997 or May 1998. According to the Complainant, the Respondent offered to sell the domain name for $100,000. The Respondent's final demand, as his attorney termed it, was for $35,000. Held, Name Transferred to Complainant. [Commenced: ... -> Judgement: 19 April 2000] 247

Avnet.net| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate Interests.
Complainant is the owner of trademark registrations of AVNET for warehouse storage and distribution services relating to electrical, electronic and computer equipment. Respondent, a stocking supplier of commercial aircraft engine components, was originally established under the name Avnet Industries, Inc. (now Aviation Networks). The Complaint is based on the Respondent's registration of the domain name AVNET.NET. Complainant contends that Respondent registered and used the AVNET.NET domain name in bad faith. Respondent denies that allegation and claims that it has a legitimate interest in the domain name. Held, Name Not Transferred to Complainant. [Commenced: ... -> Judgment: 24 March 2000] 248

Acrylite.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Evidence - Legitimate interest - Constructive notice - Pattern of behaviour.
Complainant is a well known entity engaged in the manufacture and sale of acrylic-based products and asserts that it is a registrant and user of the mark, ACRYLITE since 1957. Respondent manufactures plastic point-of-purchase store displays and registered the domain name, ACRYLITE.COM in 1996. Although Respondent was not present at the hearing the Panel held that it did not suffer any prejudice with respect to procedural fairness. Held, Name not Transferred to Complainant. It is clear that the domain name is identical or confusingly similar to the mark of Complainant regardless of the addition of the .COM top level domain name designation. [Commenced: 26 April 2000 -> Judgment: 19 June 2000] 249

Aifd.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - ICANN Uniform Domain Name Dispute Resolution Policy - WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution - Floral Designers - United States Patent Office - Identical - Confusingly similar - Legitimate rights and interests - Bad faith registration and use.
Complainant is an American Institute of Floral Designers who has registered the collective membership mark AIFD and Design. Complainant has used the aifd and design mark in connection with its membership organization, which is limited to individuals (as opposed to corporations) who have satisfied complainant's membership requirements for floral designers. A director on Respondent's board of director is a member of Complainant but was not licensed or otherwise authorized or permitted to use the AIFD mark, other than as an indication of membership in the organization... Held, Domain Name aifd.com Transferred to Complainant. [Commenced: 5 May 2000 -> Judgment: 27 June 2000] 250

Allymcbeal.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Statutory trademark - Common-law trademark - Identical - Confusingly similar - Legitimate rights or interests - Bad faith registration and use - False designation of origin - False description.
Complainant, one of the world's leading entertainment and media companies, produces and distributes some of the most internationally well-known television and motion picture properties. One such example includes the Complainant's widely successful television series ALLY MCBEAL. Complainant registered the ALLY MCBEAL trademark in the U.S. and has applications pending in various other countries. Complainant has expended considerable effort and resources to promote the trademark and as a result, consumers strongly associate the trademark with Complainant and the ALLY MCBEAL series... Held, Name Transferred to Complainant. [Commenced: 15 May, 2000 -> Judgment: 7 July, 2000] 251

Americanairline.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Legitimate use - Legitimate interest - Bad faith registration - Bad faith use.
Complainant owns numerous registered trademarks that consist of the words American Airlines. One of these trademark registrations dates back as early as 1934. Respondent registered the domain name, AMERICANAIRLINE.COM in 1997. Held, Name Transferred to Complainant. The domain name in question is effectively identical and certainly confusingly similar to the Complainant's registered and well-known trademarks. Respondent is not using the domain name in connection with a bona fide offering of goods and services. Respondent is not even utilizing the site in connection with air transportation related services... [Commenced: 5 June 2000 -> Judgment: 11 July 2000] 252

Arrowheadcapital.com et al.| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Legitimate rights - Bad faith.
Complainant applied for its trademark before Respondent registered its domain name. Complainant has used ARROWHEAD CAPITAL MANAGEMENT CORP. continuously since incorporation to provide financial business services. Respondent has been actively conducting business and used the domain names, arrowheadcapital.com and arrowhead-capital.com continuously in connection with its incorporated business, Arrowhead Capital LL.C. Held, Arrowhead-Capital.com Domain Name Transferred to Complainant, Arrowheadcapital.com Domain Name Not Transferred. Respondent's domain names are confusingly similar to Complainant's trademark. The word capital has a direct relationship with financial services, and the combination of Complainant's mark and the word capital suggests that the names are confusingly similar. [Commenced: 5 June 2000 -> Judgement: 12 July 2000] 253

Askonasholt.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Legitimate rights - Bad faith - Common law trademark rights.
Complainant holds common law trademark rights in the name Askonas Holt Respondent registered the domain name, askonasholt.com, and claimed that Complainant has no trademark rights in the name since it is not registered as a trademark. However, previous WIPO decisions confirm that common law trademark rights are protected under the Policy. Held, Name Transferred to Complainant. Respondent's domain name is identical to Complainant's trademark. Complainant has not licensed Respondent to use its trademark in any way. In addition, Respondent has not attempted to register or use the name as a trademark, nor has Respondent ever been known by this name. Therefore, Respondent has no legitimate rights in respect of the domain name. [Commenced: 22 May 2000 -> Judgement: 3 July 2000] 254

Bosco.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - - Trademark use - Vanity E-mail - Common surnames - Identical - Rights and legitimate interests - No bad faith registration - No bad faith use - No reverse domain name hijacking.
Complainant first registered the trademark BOSCO with the United States Patent and Trademark Office in 1987, but has used the trademark in connection with chocolate syrups and chocolate flavored milk since 1928. Respondents registered the domain name in issue, BOSCO.COM, in 1996,along with numerous other domain names containing common surnames. Respondents are in the vanity e-mail business which entails the leasing of individual use in a shared domain email service... Held, Name not transferred to Complainant. [Commenced: 15 May, 2000 -> Judgment: 29 June, 2000]8.00| 255

Camptime.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Legitimate rights - Bad faith - Default - Recognition.
Complainant owns the trademark, Camp Time and uses it in connection with its business. Respondent registered the domain name camptime.com. Internet users are directed to a site that sells domain names when they connect to Respondent's site. Held, Name Transferred to Complainant. Respondent's domain name is virtually identical to Complainant's mark. Respondent is not commonly known by the name, nor is it using the site in connection with a bona fide offering of goods. Respondent is using the name for its own profit. Therefore, Respondent does not have legitimate rights in the name. [Commenced: 5 June 2000 -> Judgement: 12 July 2000]9.50| 256

Chasemerchantservices.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Famous U.S. Trademark - Identical - Constructive notice - Prior registration - Lack of legitimate right or interest - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of United States trademark, Chase and many other trademarks involving the words Chase and Chase Manhattan. One of Complainant's services is the same as that provided by Respondent. Respondent registered the domain name, chasemerchantservices.com. Held, Name Transferred to Complainant. Clearly, Respondent's domain name chasemerchantservices.com which was registered in 1998 is identical to Complainant's company name, Chase Merchant Services which began doing business in 1997... [Commenced: 10 May 2000 -> Judgment: 12 June 2000] 257

Copystar.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution - Registered trademark - Essentially identical - Confusingly similar - Use of logo - Confusion of public - No bona fide offering of goods or services - No rights - Not commonly known - Name held - Non-legitimate non-commercial use - Intent to mislead - Offer for sale of domain.
Complaints are trademark and service mark holders and licensees to make, promote and sell copiers and related products. Respondent sells copiers by retail and wholesale. Respondent registered domain name copystar.com. Complainant asks for transfer of the domain name in question. Held, Name Transferred to Complainant. Domain name was identical to Complainant's trade and service mark. Adding a .com does not make it less confusingly similar. [Commenced: 4 May 2000 -> Judgement: 27 June 2000] 258

Dietrite.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - ICANN Uniform Domain Name Dispute Resolution Policy - WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution - United States Patent and Trademark Office - Soft drinks - Identical - Confusingly similar - Legitimate rights and interest - Bad faith registration and use - Bona fide offering of goods and services - Non-commercial use - Fair use - Cyber piracy.
Complainant, Royal Crown Company, is owner of two widely known trademarks registered with the United States Patent and Trademark Office. The first, DIET RITE for soft drinks and syrup used in the preparation thereof, was issued in 1984, and the second, DIET-RITE for dietetic soft drinks and concentrates for making the same was issued in 1954. Respondent registered the domain name DIETRITE.com. Held, Domain Name DIETRITE.com Transferred to Complainant. [Commenced: 5 May 2000 -> Judgment: 14 June 2000] 259

Doctorlauren.com| - Read the case summary - Decision: 22-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Recognition - Bad faith - Legitimate rights.
Complainant is the owner of domain name drlauren.com. She is a regular guest on national radio broadcasts, and the website is often mentioned. Respondent registered the name doctorlauren.com which orally sounds identical to Complainant's name and public persona. Held, Name Transferred to Complainant. Respondent's name is essentially identical with Complainant's public persona, and is confusing to users seeking her website. Respondent registered the name in bad faith by intending to draw traffic to it's own site which features hourly sex shows, and does not feature anyone named Doctor Lauren. The first page of doctorlauren.com is identical to another of Respondent's sites... [Commenced: 22 May 2000 -> Judgement: 28 June 2000] 260

E-computerworld.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Legitimate interests - Bad faith.
Complainant owns the mark COMPUTERWORLD, and also owns the domain name COMPUTERWORLD.COM. It's marks are registered in many countries and are used primarily for its trade newspapers. Respondent registered the domain name e-computerworld.com. Held, Name Transferred to Complainant. There is likelihood of confusion between the names since the only difference is the addition of the now common e' at the beginning of the name. Respondent defaulted and therefore did not show any legitimate interests or rights in the domain name. [Commenced: 12 May 2000 -> Judgement: 26 June 2000] 261

Espn2.com et al.| - Read the case summary - Decision: 23-Aug-2000
Domain name - ICANN's Rules for Uniform Domain Name Dispute Resolution Policy - U.S. Trade Mark - Domain names identical of misleading to the public - Rights and legitimate interest - Domain name confusing and suggests affiliation - Bad faith registration - Sole purpose of registration was to sell domain name to owner of trademarks.
Respondent registered ESPN.net, ESPN2.net and ESPN.coms. These are the registered service marks and trademarks of ESPN with the United States Patent and Trademark Office. Complainant claims that Respondent has no legitimate rights or interest in the domain names and has registered them in bad faith with the sole purpose of selling them to the complainant. Held, Name Transferred to Complainant. Respondent's domain names are identical to Complainant's and misleading to the consuming public, in which Complainant has legitimate rights and Respondent has none... [Commenced: May 15, 2000 -> Judgement: May 17, 2000.] 262

Expressdata.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Service mark - Identical - Confusingly similar - Legitimate rights - Bad faith - Notice - Constructive Notice.
Complainant owns the trademark, EXPRESSDATA and registered the domain name, XPRSDATA.COM in connection with providing market and price information regarding financial services. Respondent registered the domain name, EXPRESSDATA.COM which sounds identical to Complainant's name. Respondent does not appear to be a legal business entity. Held, Name Transferred to Complainant. Respondent was aware of Complainant's registration before it chose to register a name which sounds identical to Complainant's. Except for the common .com suffix, Respondent's name is identical and thus confusingly similar to Complainant's protected mark. [Commenced: 4 May 2000 -> Judgement: 20 June 2000] 263

F1.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Generic' Trademark - Identical - Confusingly similar - Complainant's identity - Respondent's identity - Voluntary transfer - Ambiguous behaviour - Trafficking' - Bad faith not established.
Complainant is Formula One Licensing BV and its related companies including Formula One Management Ltd and Formula One Administration Ltd. Respondent is Formula 1 Internet. The domain name in issue is f1.com. Held, Name Not Transferred. Respondent's assertion that the current registrant is no longer owner of the domain name and therefore incorrectly named as Respondent is rejected: ICANN policy includes an embargo on transfers during a dispute procedure such as this one. Trademarks such as F1 have often been treated in the first instance as signs which are generic: different traders may have a legitimate interest in adopting them... [Commenced: 23 March 2000 -> Judgment: 28 May 2000] 264

Fieldofdreams.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trade mark - U.S. Domain name - Identical - Confusingly similar - Rights or legitimate interests - Bad faith registration - Bad faith use.
Complainant is owner of trade mark and service mark registrations for FIELD OF DREAMS in connection with the movie Field of Dreams, produced by Complainant. Respondent registered the domain name FIELDOFDREAMS.COM to provide baseball news over the Internet. Held, Name Transferred to Complainant. The domain name in issue is identical to Complainant's mark. The only difference is the absence of spaces and the addition of the .com gTLD, which is irrelevant when considering the similarity of a domain name to a trademark. Complainant has also shown a legitimate interest in its mark through its ownership of a federal trademark registration. [Commenced: 15 May 2000 -> Judgment: 29 June 2000] 265

Gordonsjewelers.com et al.| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trade Mark - Failure to respond - Identical - Confusingly similar - Bad faith registration - Distinction between .COM and .NET.
Complainant operates jewelry stores around the world and owns trademark registrations for the marks BaileyBanksandBiddle and Gordon'sJewelers in the U.S. and other countries. Respondent registered the domain names BAILEYBANDSANDBIDDLE.COM, GORDONSJEWELERS.COM and GORDONSJEWELERS.NET. Held, Names Transferred to Complainant. The Respondent failed to respond to the complaint and was found accordingly in default. It was nevertheless concluded that the domain names in issue are identical to Complainant's marks. As a matter of distinction, it was noted that the mark GordonsJewelers.com and GordonsJewelers.net were confusingly similar. [Commenced: 12 May 2000 -> Judgment: 27 June 2000] 266

Nauga.net et al.| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution - Registered trademarks - Use of trademarks in commerce - Replication of trademark - Redirection of users - Cease and desist letter - Identical - Confusingly similar - Differences not legally significant - No rights or legitimate interests - No evidence for personal identification interest - Bad faith registration - Offer to sell domains.
Complainant owned trademarks for NAUGA and uses the term NAUGACAS to sell its products. Complainant also registered the domain name NAUGA.COM. Respondent registered domain name NAUGACASE.COM which transfer Internet users to Complainant's website. Complainant sent Respondent a cease and desist letter. Respondent's response to the letter was to offer to sell the domain NAUGACASE.COM and NAUGA.NET, which was registered by Respondent after receiving the cease and desist letter... Held, Name Transferred. [Commenced: 26 May 2000 -> Judgement: 18 July 2000] 267

Huangshan.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Confusingly similar - Domain name not confusingly similar - Domain name is also a mountain - Complainant not owning mark - Domain name only small part of company name of Complainant - Past use of domain name insufficient to show that confusingly similar - Trademark in different language.
Huangshan is a mountain in China as well as the name of a city in the area. Complainant is a registered corporation in China with several registered subsidiaries located in Huangshan City. Complainant's business relates to tourism, travel and accomodation in the Huangshan region. Complainant does not own a trademark for huangshan, although all its subsidiaries incorporate Huangshan into their names. Respondent registered the domain name huangshan.com... Held, Name Not Transferred. [Commenced: 12 May 2000 -> Judgement: 3 July 2000] 268

Kasparov.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Legitimate interest - Legitimate usage - Trademark rights - Bad faith registration - Famous name - Portal.
Complainant, Garry Kasparov, is the world's top ranked chess player and relies on this status for both profit and non-profit activities. Besides being named Kasparov, complainant is the owner of a trademark that includes the term Kasparov, and holds a worldwide trademark for Kasparov. On June 13, 1996, Respondent registered the domain Kasparov.com either on his own initiative or at the request of Complainant for the benefit of Complainant. Respondent has, since then, held the Kasparov.com domain name hostage to enforce an alleged debt, using it as a portal to a website which without permission associates Complainant as an endorser of Respondent's products and services... Held, Name Transferred to Complainant. [Commenced: 21 April, 2000 -> Judgment: 30 May, 2000] 269

Libro.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Austrian, European and U.S. Trade Mark -Confusingly similar - Legitimate interest - Bad faith registration - Reversed domain name hijacking - Registration of a common word - Exclusive rights to common words - Three elements required to transfer a domain name - Confusingly similar - Legitimate interest - Bad faith.
Complainant LIBRO has registered its trademark in Austria, most of Europe and has applied for registration with the Unites States Patent and Trademark Office. Respondent uses the domain name libro.com to redirect users to its website restaurants.com. Complainant alleges that it is famous in the market and that the Respondent's registration has diminished its ability to distinguish itself on the internet... Held, Name Not Transferred to Complainant. [Commenced: 15 March 2000 -> Judgement: 16 May 2000] 270

Medicalogic-medscape.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Legitimate rights - Bad faith - Distinctive -Default.
MedicaLogic owns the trademark, MEDICALOGIC. Medscape owns the trademark, MED SCAPE. These two companies merged and currently seeks a combined trademark application. Respondent registered the domain name medicalogic-medscape.com on the same day the Complainants merged. Respondent subsequently offered to sell the domain name to Complainant. Held, Name Transferred to Complainant. MedicaLogic and Medscape each owned their trademarks before their merger. Their merger does not alter those rights, and the combined mark is distinctive. Complainant thus has exclusive rights to the mark and Respondent's domain name is identical and confusingly similar to Complainant's mark. [Commenced: 31 May 2000-> Judgement: 5 July 2000] 271

Missdenmark.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Denmark - Denmark Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Pornography.
Complainant organizes and produces the Miss Danmark Show and the Danish National Pageant annually in Denmark and sells Miss Danmark merchandise on the Internet. Complainant has been in business for over 10 years. Complainant registered the trademark miss danmark in 1982 in the Kingdom of Denmark. Complainant offered to purchase the domain name missdenmark.com from Respondent. Respondent is an individual who states that he is an internet domain name broker and does business under the name THIS NAME IS FOR SALE. Respondent's only use of the website is to link users to another website which publishes pornographic materials. Held, Domain Name Transferred to Complainant. [Commenced: 5 June 2000 -> Judgement: 11 July 2000] 272

Msdwonline.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Identical - Deceptively similar - No legitimate purpose - Bad faith registration - Valuable consideration - Domain Name warehousing.
Complainants' registered marks have become famous in connection with mortgage banking, securities brokerage and a panoply of financial services. Complainant registered the trademark MSD and MSDW.COM for MSDW Online Inc., a subsidiary of Complainant that functioned as an online brokerage firm and had its own web site at www.msdwonline.com. Respondent is in the domain name warehousing business and has registered domain names identical to or deceptively similar to well known trademarks, including the domain name in issue, MSDWONLINE.NET. Held, Name Transferred to Complainant. Respondents' domain name is identical to the Complainant's registered and famous trademark... [Commenced: 15 May, 2000 -> Judgment: 7 July, 2000] 273

Nationalmoving.com et al.| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution - Misdirection of e-mails - Goodwill and reputation damage - Identical domain name - Misdirection of customers - No legitimate interests or rights - Not commonly known by domain - Unfair use of domain - Misleading consumers - Bad faith - Prevent registration.
Complainant had trademark for National Moving Network to be used in conjunction with operation of its business. Complainant attempted to register domain names for nationalmoving.com and nationalmoving.net but was not successful for technical reasons not in their control. On a later date, Complainant tried to register nationalmoving.com but found that it had already been registered by Respondent, along with another domain name. Complainant's former business partner, who is Respondent's brother, now works for Respondent. Held, Names Transferred to Complainant. [Commenced: 22 May 2000 -> Judgement: 26 June 2000] 274

Phonecell.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution - Registered trademark - Confusingly similar - Misleading website - Intentional diversion - Identical - Mark as part of domain - No rights or legitimate interests - Unjust use of name - Not commonly known - Bad faith registration - Offering of same goods - Mark Acknowledgement.
Complainant holds trademark for PHONECELL. This trademark is used worldwide and is very well known in Europe. Respondent was distributor for Complainant and used Complainant's mark. Even after the relationship ended, Respondent kept using the mark to sell goods on its website phonecell.com. Complainant asks for transfer of domain name. Respondent did not dispute Complainant's allegations. Held, Name Transferred. Domain name in question is identical to Complainant's registered mark except for addition of .com to indicate domain level designation... [Commenced: 25 May 2000 -> Judgement: 26 June 2000] 275

Rcf.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Deceptively similar - Legitimate interest - Bad faith registration - Bad faith use - Inactive website - Warehousing domain names.
Complainant has duly registered RCF as a trademark for its products in the U.S. with 1959 being claimed as that date of first use. In addition, various forms of the RCF mark have been registered in other countries for many years. Respondent registered the domain name RCF.com. Held, Name Transferred to Complainant. Respondent's domain name RCF.COM is identical or deceptively similar to Complainant's registered trademark RCF. Respondent has never been known as RCF and Respondent's website has at all relevant times since the registration of the domain name RCF.COM, been inactive for any purpose. [Commenced: 3 May 2000 -> Judgment: 13 June 2000] 276

Redeglobo.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Registrar - Registry - Contract between Registrar and Registrant.
Complainant was registrant of the Brazil trademark REDE GLOBO. Complainant also owns marks in the European Union and other South American countries. Respondent registered the domain name, REDEGLOBO.COM. Held, Name Transferred to Complainant. As there being no significance in the absence of a the separation between the words rede and globo, it is clear that the trademark REDE GLOBO is identical to the domain name REDEGLOBO.COM. Neither Redeglobo nor Rede Globo are part of the name of the individual registering the redeglobo.com domain name... [Commenced: 28 April 2000 -> Judgment: 2 June 2000] 277

Rossperot.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Service mark - Trademark - Identical - Confusingly similar - Bad faith - Cybersquatting - Affiliation - Connection - Sponsorship - Approval - Association.
Complainant is the owner of PEROT.COM, PEROTSYSTEMS.COM and PEROT SYSTEMS in which it has exclusive rights to use and license of said marks. Complainant has used the domain name PEROTSYSTEMS.COM since 1996. The co-founder, CEO, Chairman and President of the Complainant company is Ross Perot. Respondent registered the domain name ROSSPEROT.COM along with 100 other domain names. Held, Name Transferred to Complainant. Respondent's domain name ROSSPEROT.COM is confusingly similar to Complainant's domain names and marks... [Commenced: 8 May, 2000 -> Judgment: 15 June, 2000] 278

Sandalstravel.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - U.S Trademark - Confusingly similar - Competing services - Bad faith registration - Bad faith use - Worldwide representative - Travel agent.
Complainant (Gorstew) has permitted their trademark SANDALS to be associated with a chain of all?inclusive hotels, which do business under the name Sandals Resorts. Complainant (Unique) serves as the worldwide representative for Sandals Resorts. In connection with its marketing services, Complainant (Unique) has registered the domain names, sandalsresorts.com and sandals.com. Respondent, who is a travel agent who sells Sandals Resort vacation packages along with competing services, registered the domain name, sandalstravel.com. Held, Name Transferred to Complainant. Respondent's website is confusingly similar to the Complainant's mark... [Commenced: 2 June 2000 -> Judgment: 3 July 2000] 279

Skymovies.com et al.| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - U.K. Trademark - Identical - Confusingly similar - Reputation of trademark - Legitimate interest - Bad faith registration - Bad faith use - Extortionate demands - Passing off - Trademark infringement.
Complainant was registered owner of U.K. trademark registrations for SKY MOVIES and SKY BOX OFFICE, both of which are movie channels which have been widely advertised, marketed and promoted in the U.K. and Eire. Respondent registered the domain names skymovies.com and skyboxoffice.com. Held, Names Transferred to Complainant. The domain names registered by the Respondent are substantially identical to the trademarks of the Complainant. [Commenced: 26 May 2000 -> Judgment: 13 July 2000] 280

Smokymountainknife.net et al.| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution - Registered trademarks - Confusingly similar - Alphabetical comparison - Selling of related goods - No legitimate rights or interests - No preparations to do business prior to dispute - Association to own commercial site - Bad faith registration - Pattern of abusive domain registration - Disruption of business - Misdirection of traffic.
Complainant operates a business and registered the domain smokymountainknife.com for use in the business. Complainant also holds registered trademark for Smoky Mountain Knife Works. Respondent registered domain names smokymountainknives.com and smokymountainknife.net. Complainant asks for a transfer of these domain names. Held, Names Transferred. The domain names in question are confusingly similar to Complainant's registered trademark... [Commenced: 31 May 2000 -> Judgement: 3 July 2000] 281

Sportspharma.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Legitimate rights - Bad faith.
Complainant owns the mark Sportpharma, and uses the website sportpharma.com to sell nutritional supplements on the Internet. Respondent registered the domainname sportspharma.com. This site redirected users to another site which also sells nutritional supplements. Held, Name Transferred to Complainant. Respondent's mark is confusingly similar to the mark to which Complainant has rights. Respondent has attempted to create confusion as to the location of Respondent's website and the affiliation of the products advertised on Respondent's site. Respondent is not commonly known by the name, and instead is using the name to offer services which are in competition with Complainant. It is clear that Respondent seeks to profit from the registration. Thus, Respondent has no rights to the name. [Commenced: 5 June 2000 -> Judgement: 11 July 2000]Trademark| 282

State-farm.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Legitimate rights - Bad faith - Recognition.
Complainant owns the trademark, State Farm and has been using it for a number of years in connection with its insurance and financial services. Complainant has also registered the domain name, statefarm.com. Respondent registered the domain name, state-farm.com. Internet users often reach this site in error in confusion with Complainant's site. Held, Name Transferred to Complainant. Complainant's mark is well-known throughout the world. Respondent's domain name is confusingly similar to Complainant's mark in that the only difference between then is a hyphen. Respondent has not used the domain name in a legitimate business or for the offering of services, and is not known by the name. Respondent has in fact attempted to tarnish Complainant's reputation... [Commenced: 4 May 2000 -> Judgement: 8 June 2000] 283

Statefarmjobs.com et al.| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Service mark - Identical - Confusingly similar - Legitimate Interest - Bad faith registration - Bad faith use.
Complainant is a registrant of the mark, STATE FARM and has used said mark in relation to insurance and financial services since 1930. Complainant also registered the domain name STATEFARM.COM in 1996. Respondent is an individual who registered the domain names STATEFARMJOBS.COM and STATEFARMCAREERS.COM in 1999. Although Respondent did not appear at the hearing the Panel held it did not suffer any prejudice with respect to procedural fairness. Held, Names Transferred to Complainant. It was held that the domain names registered by Respondent are confusingly similar to the registered marks of Complainant. [Commenced: 11 May 2000 -> Judgment: 6 June 2000] 284

Strick.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - Trademark - Trade Name - Identical - Confusingly similar - Bad faith registration - Reverse Domain Name Hijacking - Nickname of Respondent.
Complainant, Strick Corporation, uses its Strick trademark, trade name, and service mark for its advertising, marketing and promotion. Complainant also owns many domain names, but does not own STRICK.COM. Respondent registered the disputed name and uses it for an offering of goods and services. Respondent claims he has been known by the nickname Strick since childhood and used it for his business. Held, Name Not Transferred to Complainant. Respondent concedes the domain name is identical to Complainant's registered marks except for the addition of the domain name level designations... [Commenced: 12 May 2000-> Judgment: 3 July 2000] 285

Supersandals.com| - Read the case summary - Decision: 23-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Legitimate rights - Bad faith - Recognition.
Complainant (Gorstew) is the owner of the trademark SANDALS in connection with hotel reservations, tours, and transportation. Complainant (Gorstew) permitted Complainant (Unique) to use the trademark. Complainant (Unique) owns the domain names, sandalsresorts.com and sandals.com in connection with Sandals resorts. Respondent registered the domain name, supersandals.com. Respondent sells Sandals Resort vacationpackages. Held, Name Transferred to Complainants. The domain name is identical and confusingly similar to Complainants' mark. Respondent attempted to create confusion as to Complainants' affiliation by incorporating Complainants' SANDALS marks and the generic term, super in its domain name. [Commenced: 5 June 2000 -> Judgement: 12 July 2000] 286

Toshiba.net| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name resolution policy - Cybersquatting - Bad faith - Rights and Legitimate Interests - Identical confusingly similar - Default judgement.
Complainant is the owner of several subsisting United States Registrations of the mark TOSHIBA. Complainant has substantially and continuously used the name and mark TOSIBA for over forty years throughout most of the world. The disputed name, toshiba.net, was registered by Respondent in 1999 as part of a web page located at http://www.toshiba.net. Two months later Respondent sent an unsolicited letter to Complainant offering to sell the domain to Complainant. Held, Domain Name Transferred to Complainant. There are no exceptional circumstances for the failure of Respondent to submit a response... [Commenced: 9 May, 2000 -> Judgement: 27 June, 2000]Identical 287

Unctv.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Service mark - Identical - Confusingly similar - Legitimate Interest - Bad faith registration - Bad faith use - Common law interest - Former employee.
Complainant operates a statewide Public Television Network for North Carolina. Complainant registered the mark, UNC-TV as of January 6, 2000 and has used the mark in its operations since 1993. Respondent is an individual and former employee of Complainant. Respondent registered the domain name UNCTV.COM in 1999. Held, Name Transferred to Complainant. It is clear that the domain name UNCTV.COM is identical and confusingly similar to the mark UNC-TV, regardless of the omission of the "-"... [Commenced: 10 May 2000 -> Judgment: 08 June 2000]onfusingly similar 288

Usmoneymart.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Service mark- Identical - Confusingly similar - Legitimate rights - Bad faith - Trader.
Complainant is registered owner of mark Money Mart and has used it for a number of years. Respondent registered the domain name, usmoneymart.com but it is not identifiable to any product, service or website managed or operated by the Respondent. Held, Name Transferred to Complainant. Respondent's domain name is identical or confusingly similar to Complainant's established service mark. Respondent has no legitimate interest with respect to the name. Respondent has demonstrated a pattern of registering domain names which are confusingly similar to other registered names... [Commenced: 22 May 2000 -> Judgement: 19 June 2000]Trader 289

Westfieldshopping.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - World Intellectual Property Organization Arbitration and Mediation Center - U.S., Australian and New Zealand trademarks - Rules of evidence - Panel has general discretion as to the conduct of proceedings and admissibility of evidence - There is no formal procedure provided for the formal taking of evidence, examination of witnesses or the testing of credit - Panel must decide matters before it on the face of the record - Bad faith as positive action - Bad faith as negative action.
Complainants are the owners of a variety U.S., Australian and New Zealand trademarks with Westfield as a root-word. Complainants allege that Respondent registered the domain name Westfieldshopping.com in bad faith, having only the intention of selling it to Westfield Group, the owners of the trademarks... Held, Name Transferred to Complainant. [Commenced: 30 March 2000 -> Judgement: 18 May 2000]U.S., Australian and New Zealand trademarks 290

Wyomingcowboys.com et al.| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Lack of legitimate right or interest - Confusingly similar - Bad faith registration - Bad faith use - University tuition.
Complainant was registrant of United States trademark, Wyoming Cowboys, State of Wyoming mark, UW, and many other trademarks involving the words University of Wyoming, Cowboy, Cowboys, and UW. Complainant registered the domain name uwyo.edu. Respondent registered the domain names, uwcomboys.com, wyomingcowboys.com, uwyo.com, uwyoming.com and wyocowboys.com. Respondent did not contest Complainant's allegations. Held, Names Transferred to Complainant. It is clear that the domain names in dispute are either identical or confusingly similar to marks in which Complainant has rights... [Commenced: 10 May 2000 -> Judgment: 16 June 2000]Bad faith 291

0icq.com et al.| - Read the case summary - Decision: 24-Aug-2000Domain name - Domain name dispute resolution policy - Trademark - Pending trademark - Identical - Confusingly similar - Legitimate interest - Bad faith registration - Bad faith use - Famous marks - Well known marks - ICQ.
Complainant was owner of trademark registrations for the mark, ICQ, in at least 9 countries, and had pending trademark applications in at least 50 other countries including the United States. Respondent registered the domain names 0icq.com and 0icq.net. Held, Name Transferred to Complainant. Long prior to Respondent's registration of the domain names, and at least as early as 1996, Complainant adopted and began using many of its ICQ Marks in connection with computer online services... [Commenced: 7 April 2000 -> Judgment: 11 May 2000]Famous marks 292

18004kohler.com| - Read the case summary - Decision: 24-Aug-2000Domain name - Domain name dispute resolution policy - Trademark - Service mark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Pattern of behaviour.
Complainant is registrant of United States trademarks KOHLER and 1-800-4KOHLER. Registrant registered the domain name, 18004KOHLER.COM. Held, Name Transferred to Complainant. Complainant must establish both bad faith registration and bad faith use. It is clear that the domain name 18004KHOLER.COM is identical to the mark, 1-800-4KHOLER. Complainant's legitimate interest in the domain name is solidified by its use of the mark KHOLER and the mark, 1-800-4KHOLER in business since 1873 and 1997 respectively. KHOLER is a mark known world-wide in association with bath and kitchen fixtures... [Commenced: 19 April 2000 -> Judgment: 22 May 2000]Trademark 293

Buyserta.com et al.| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Confusingly similar - Bad faith registration - Bad faith use - Legitimate Interests - Bona fide offering of goods - Bona fide offering of services - Indirect offer of sale - Advertisement - Constructive offer of sale - Cybersquatting.
Complainant is the owner of U.S. Trademarks for various forms of the mark SERTA and PERFECT SLEEPER. Complainant, through its licensees, is one of the world's largest manufacturers of mattresses, mattress foundations and other bedding products. Respondent registered the Domain Names in February 1999. Respondent operates the website MattressAmerica.com, which advertises Respondent's plan to sell mattress sets, headboards, bedsteads, daybeds, futons, futon mattresses, futon covers, and bedding accessories. Held, Name Transferred to Complainant... [Commenced: 6 March 2000 -> Judgment: 18 April 2000]Trademark 294

Sadd.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Non-profit corporation - U.S. Trademark - Substantial value - Goodwill - Identical - Confusingly similar - Rights - Legitimate interest - Bad Faith registration - Bad faith use - Prior Notice of dispute - Constructive Notice - Non-profit corporation - Surnames - Proper names.
Complainant is non-profit corporation with six United States trademark registrations in relation to educational services, educational goods such as pamphlets, and paraphernalia such as key rings and novelty pins for the word, SADD. Respondent registered the domain name sadd.com... Held, Name Transferred to Complainant. [Commenced: March 24, 2000 -> Judgment: April 27, 2000]Bad Faith 295

Saffola.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Invented word - Cyber squatter.
Complainant was registrant of United States trademark, SAFFOLA. Registrant registered the domain name, saffola.com. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. Complainant must establish both bad faith registration and bad faith use. It is clear that the domain name, SAFFOLA.COM is identical or confusingly similar to the trademark registered and used by Complainant, SAFFOLA. It is also clear that Respondent has no rights or legitimate interest in respect of the domain name. This is bad faith registration. [Commenced: March 12th, 2000 -> Judgment: April 26, 2000]Invented word 296

Samsonite.org| - Read the case summary - Decision: 24-Aug-2000
Domain Name - Domain name dispute resolution policy - Bad faith use - Bad faith registration - Identical - Distinct - Confusingly similar - Service mark - Travel Goods - Distinct - Advertising - Comparative Advertising - Comparative Products - Non Commercial Use - Federal Trademark Division Act - Intention - Use of Domain Name - Proper Party - Name Transfer.
Complainant is registrant of SAMSONIT> trademark in both U.S. and other countries worldwide, and is also registrant of domain SAMSONITE.COM. Respondent is registrant of domain name SAMSONITE6.ORG who stated intention in using domain name is to establish a non-commercial web page showing comparative products. Complainant alleges its registered marks and registered domain name were identical or confusingly similar, and that Respondent registered domain name at issue in bad faith. Held, Domain Name Transferred to Complainant. [Commenced: March 17, 2000 -> Judgment: April 17, 2000]Intention 297

Sanriosurprises.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - U.S. Service mark - U.S. Trademark - Identical - Distinctive mark - No authorized association - Bad faith registration - No website established - Distinctive marks - Unauthorized association.
Complainants owned a U.S. service mark SANRIO SUPRISES and the domain name SANRIO-SURPRISES.COM. The Respondent had registered SANRIOSURPRISES.COM, and had previously registered other domain names using others of the Complainants' marks, though these other domain names had since lapsed. Respondent did not respond to the complaint. Held, Name Transferred to Complainant. The registered domain is identical to the Complainants' mark. The fact that there is no space in the domain name while there is on in the Complainants' mark is not legally significant, since spaces in domain names are technologically impossible... [Commenced: ... -> Judgment: 20 April, 2000]No website 298

Seek-america.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Canadian trademark application - Assignment by Previous Owner - Identical - Confusingly similar - No legitimate interest - Inactivity - Bad faith registration - Bad faith use.
Complainant operates an internet search engine with the domain name seekamerica.com. Complainant has used the trademark SEEKAMERICA since the inception of its business. Complainant did file an application to register SEEKAMERICA with the Canadian TradeMarks Office. Respondent registered domain name seek-america.com. Complainant claims ownership of the mark by virtue of an Assignment from the previous owner. Complainant alleges that Respondent registered domain name seek-america.com is identical or confusingly similar to the mark... Held, Name Transferred to Complainant. [Commenced: 14 March 2000 -> Judgement: 13 April 2000]No legitimate interest 299

Saint-gobain.net| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - France - Multiple trademark registrations- Symbolic name - Identical - Shareholders - Freedom of Speech - Bad faith registration - Bad faith use - Legitimate interest - City names - Descriptive names.
Complainants were owners of several registered trademarks for the name Saint-Gobain. Respondent registered the domain name saint-gobain.net. Complainant contends this domain name is identical to its own registered service marks. Further, Complainant argues Respondent registered and used this name in an attempt to criticize and discredit Complainant and as such, did so in bad faith. Respondent argues Saint-Gobain was the name of a saint and a town, and that the name belongs to the world... Held, Name Transferred to Complainant. [Commenced: 4 February 2000 -> Judgement: 14 March 2000]ity names 300

Shopzone.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - U.S. Service Mark - Confusingly similar - Date of first use - Preparation to use - Bad faith registration - Bad faith use - Legitimate Interests - Bona fide offering of goods and services - Reverse Domain Name Hijacking.
On June 30, 1996, Respondent registered the domain name shopzone.com with Network Solutions. Complainant obtained registration of the trademark SHOPZONE on December 21, 1999. This registration indicates July 14, 1998 as the date of first use of the SHOPZONE trademark. Held, Name Not Transferred to Complainant. There is no dispute that the domain name shopzone.com is identical to the trademark SHOPZONE... [Commenced: 23 February 2000 -> Judgment: 13 April 2000]Hijacking 301

Siba.com| - Read the case summary - Decision: 24-Aug-2000
Domain Name - Domain name dispute resolution policy - Swedish Trade Mark - Electronic goods and appliances - Identical - Confusingly Similar - Distinctive Names - Bad Faith Registration - Bad Faith Use - No response from Respondent - Valuable Consideration.
Complainant was registrant of Swedish Trademark of Siba, in relation to electronic goods and appliances. Respondent registered the domain name, siba.com. Respondent is owner and registrant of approximately 400 Internet domain names. Previous correspondence between Complainant and Respondent showed that Respondent had offered to sell the domain name to Complainant... Held, Domain Name Transferred. [Commenced: 14 March 2000 -> Judgment: 27 April 2000]Identical 302

Sidchrome.com| - Read the case summary - Decision: 24-Aug-2000
Domain name virtually identical to trademark - Likelihood of confusion - Bad faith use and registration - ICANN's Rules for Uniform Domain Name Dispute Resolution Policy.
The Stanley Works (Stanley) and its wholly owned subsidiary, the Stanley Works Pty Ltd. (Stanley Australia) is the owner of numerous trademarks and trade names worldwide, including SIDCHROME. Stanley operates a web site accessible through the domain name stanleyworks.com. Through this website, Stanley promotes its products and provides a listing of authorized distributors and representatives. Respondent registered the domain name sidchrome.com with the Registrar, Register.com. Respondent then contacted Stanley's Australian subsidiary to advise them that he had recently acquired the domain name and made an implicit offer to sell the domain name. Held , Domain Name Transferred to Claimant. [Commenced: ... -> Judgement: March 21, 2000]Bad faith 303

Sizesunlimited.com| - Read the case summary - Decision: 24-Aug-2000
Domain Name - Domain Name Dispute - Uniform Domain Name Dispute Resolution Policy - Trademark - Bad Faith Registration - Bad Faith Use - Domain Name Auction - Selling Domain Name - Identical Name - Confusion.
First Complainant is registrant of trademark SIZES UNLIMITED in various countries and the owner of domain name SIZESUNLIMITED.NET. Second Complainant is licensee of aforementioned trademark in USA. Respondent is registrant of domain name SIZESUNLIMITED.COM. Complainants allege that Respondents' domain name is identical with first Complainant's registered marks and with mark used by second Complainant as a business name... Held, Domain name SIZESUNLIMITED.COM ordered transferred to first Complainant (Avenue Inc.). [Commenced: ... -> Judgment: March 19, 2000]Trademark 306

Soloinsurance.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Incorporated name - Domain name identical - Confusion - Bad faith registration - Bad faith use. Complainant established and incorporated Solo Insurance Service Inc. (SISI), auto insurance broker. Respondent registered Soloinsurance.com. Respondent does not sell insurance. Complainant alleged that the Respondent's registered domain name, Soloinsurance.com, is identical to the Complainant's incorporated name. Complainant also alleged that the Respondent registered the domain name in bad faith. Held, Name Cancelled. Complainant must establish both bad faith registration and bad faith use. The registered domain name Soloinsurance.com is identical to the Complainant's corporate name. The Respondent has no right or legitimate interest in the said name. This is bad faith registration. [Commenced: 21 February 2000 -> Judgement: 30 March 2000]onfusion 307

Sound-choice.com| - Read the case summary - Decision: 24-Aug-2000
United States Trademark - European Community Trademark - Domain name virtually identical to trademark - Likelihood of confusion - Bad faith use and registration - Uniform Domain Name Dispute Resolution Policy - Obligation to determine that its domain name does not infringe the rights of a third party.
Slep-Tone Entertainment Corporation (Slep-Tone) is the owner of United States Trademark and European Community Trademark for the trademark SOUND CHOICE. The second level domain of the Respondent's domain name sound_choice.com is virtually identical to Slep_Tone's registered trademarks. Held, Domain Name Transferred to Claimant. [Commenced: ... -> Judgement: March 13, 2000]Bad faith 308

Soundscape.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Continual Use - Sale of Domain Names for Profit - Bad faith registration - Bad faith use - Identical - Confusingly Similar.
Complainant is owner of trademark Soundscape, which it uses in its business nationally and internationally. Respondent registered the domain name SOUNDSCAPE.COM. Complainant alleged that Respondent registered the domain name in 1995 in the face of Complainant's trademark filing, has made no legitimate use of the domain name, has no business related to the name Soundscape, and is using it in bad faith. In fact, Respondent appears to be in the business of selling domain names for profit. Held, Name Transferred to Complainant. [Commenced: 21 March 2000 -> Judgment: 26 April 2000]Trademark 309

Southernbank.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. common law Service mark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant is a bank doing business under the name Southern Bank and Trust Company no later than 1997. Registrant registered the domain name, southernbank.com on January 12, 2000. Complainant alleged that the domain name is identical or confusingly similar to a common law service mark in which complainant has legal rights. Held, Name Transferred to Complainant. The domain name southernbank.com was purchased and reregistered by a Russian entity by the name of YnotsGetYrBestName, which offered it for sale in September of 1999. Respondent subsequently registered the same domain name at least as early as January 12, 2000, and was offering it for sale or lease as of that date... [Commenced: 10 February 2000 -> Judgment: 15 March 2000]Bad faith 310

Spotup.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - No legitimate rights or interests - Inactive web page - Bad faith registration and use - Practice - Late Response Form submission.
Complainant was registrant of United States trademark, SPOT UP. Respondent registered the domain name, spotup.com. Complainant alleged that its registered trademark and the registered domain name were identical, that Respondent had no rights or legitimate interests in respect of the domain name at issue and had registered said domain name in bad faith. Since Respondent submitted his response via eResolution's Internet site after the deadline, the Clerk's Office informed Respondent that it would be up to the Panelist to decide whether or not to consider the Response form. Held, Domain Name Transferred to Complainant. [Commenced: March 24, 2000 -> Judgment: 14 May 2000]onfusingly similar 311

Stainmaster.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy -U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
That Complainant is the owner of the United States trademark STAINMASTER. Respondent registered the domain name STAINMASTER.COM By registering his domain name with Network Solutions, Respondent agreed to resolve any dispute regarding its Domain Name through ICANN Rules for Uniform Domain Dispute Resolution Policy. Held, Name Transferred to Complainant. Complainant must prove both that the domain was registered in bad faith and that it is being used in bad faith. The domain name STAINMASTER.COM registered by Respondent is identical to Complainant's federally registered trademark, STAINMASTER... [Commenced: February 17, 2000 -> Judgment: March 29, 2000]Trademark 312

Stanleybostitch.com et al.| - Read the case summary - Decision: 24-Aug-2000
Domain name - U.S. Trademark - Trademark tarnishing - Cybersquatting - Identical - Confusingly similar - Rights or legitimate interests - Bad faith registration - Bad faith use.
Complainant is the owner of certain trademarks using the BOSTITCH/STANLEY names. Complainant has for over seventy years used the BOSTITCH/STANLEY names in varying combinations to designate devices it manufactures. Respondent registered with NSI ten domain names, all being combinations of the STANLEY and BOSTITCH trademarks. Complainant alleges that Respondent registered the domain names in bad faith because the Respondent was well aware that Complainant was the owner of the trademarks... Held, Names Transferred to Complainant. [Commenced: 2 March, 2000 -> Judgment: 13 April, 2000]ybersquatting 313

Statefarmdirect.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Service mark - Trademark - Identical - Confusingly similar - Famous marks - Bad faith registration - Bad faith use - Default.
Complainant owns the federally registered trademark for STATE FARM. Since 1930, Complainant has widely and continuously used the mark STATE FARM as a nationally known insurance company with policy holders in the United States and Canada. Registrant registered the domain name in controversy, statefarmdirect.com. Respondent defaulted on his response to the complaint. Held, Name Transferred to Complainant. The domain name statefarmdirect.com, registered by Respondent with Network Solutions, is identical or confusingly similar to Complainant's trademark STATE FARM and to which Respondent has no right or legitimate interests. [Commenced: 23 March 2000 -> Judgment: 24 April 2000]Famous marks 314

Stelladoro.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Patent - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate interests - Discrete meaning - Identifiable meaning.
The complaint is based on the registration of the trademark STELLA D'ORO, registered in the U.S. Patent and Trademark Office pursuant to five registrations. The Respondent registered numerous domain names, including stelladoro.com. Complainant alleged that its registered marks and the registered domain name were identical, that the Respondent had no legitimate interest in the domain name and that the Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. [Commenced: 28 January, 2000 -> Judgment: 17 February, 2000]Trademark 315

Strasburgerandprice.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Name of law firm - Confusingly similar - Identical - Bad faith registration - Bad faith use - Pattern of bad faith conduct.
Complainant alleges that the domain name STRASBURGERANDPRICE.COM, owned by Respondent, is identical to the name in which Complainant has rights and that the domain name STRASBURGERPRICE.COM, also owned by Respondent, is confusingly similar to the name in which Complainant has rights. Held, Name Transferred to Complainant. Complainant is a Dallas-based law firm with offices in other cities. It appears on the 1999 National Law Journal list of the nation's 250 largest firms. Respondent has registered dozens of domain names using the names of firms on the list... [Commenced: March 10, 2000 -> Judgment: May 18, 2000]Pattern 316

Successories.com et al.| - Read the case summary - Decision: 24-Aug-2000
Domain Name - Domain name dispute resolution policy - Bad faith use - Bad faith registration - Identical - Distinct - Confusingly similar - Trademark - Competitors - Famous Mark - Acquisition of Domain Name.
Complainants are registrants of trademark SUCCESSORIES. Through extensive use on products and advertising the said mark has become famous. Respondent is registrant of domain names SUCCESSORIES.COM, SUCCESSORIES.ORG, and SUCESSORIES.COM. Complainants contend domain names are identical or confusingly similar to Complainants' mark, that Respondent does not have any right or legitimate interest in respect of domain names, and that names were registered and being used in bad faith. Held, Domain Name Transferred to Complainant. Domain names in question are identical or confusingly similar to Complainants' trademark, to which the Respondent has no right or legitimate interest... [Commenced: March 17, 2000 -> Judgment: April 2, 2000]Famous Mark 317

Talkabout.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Consumer confusion - Bad faith - Legitimate interest - Meta-tag - Common law rights - Common law use - Right to resell products - Famous - Distinctive.
Complainant, Motorola, Inc. is the owner of U.S. trademark, TALKABOUT, used by Motorola's predecessor in title since 1981. A predecessor of the respondent, Conner F. Ryan Company (CFR) registered the domain name talkabout.com on November 21, 1997 with Network Solutions, Inc. On August 11, 1998, CFR transferred the domain name to the respondent. Respondent informed Motorola that it intended to use the domain name for an adult sex site. Respondent informed Motorola that it expected payments in excess of the costs of registration in exchange for a transfer of the domain name. Held, Name Transferred to Complainant. [Commenced: 22 February, 2000 -> Judgment: 14 April, 2000]Meta-tag 318

Tarzanonline.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Confusingly similar - Bad faith registration - Bad faith use - Legitimate Interests - Notice - Default - Discharge of Duty - Procedures - Standard of Submission - Sole Respondent.
Complainant owns rights in U.S. Federal Trademark Registration for TARZAN and for TARZAN'S. Complainant has used and licensed the TARZAN mark in connection with a wide variety of goods and services for over fifty years. Respondent registered the domain names at issue: tarzanonline.com, tarzanonline.net, and tarzanonline.org. The Commencement Notification was transmitted to the Respondent by post/courier and by e-mail to the postal and e-mail addresses. The WIPO Center received e-mail undeliverable messages for each of the emails sent to the postmaster addresses... Held, Name Transferred to Complainant. [Commenced: 9 March 2000 -> Judgment: 21 April 2000]Discharge of Duty 319

Tata.org| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Hoarding - Bad faith registration - Use in Bad Faith - Legitimate interest - Famous names - Proper names - Indian law - Well-known mark.
Complainant is the registered proprietor of the trade mark TATA in India since 1942 and other countries. Complainant is an Indian company existing under Indian laws whose turnover is more than US$9 Billion. Respondent is the registrant of the domain name tata.org with Network Solutions, Inc. The mark/name TATA is synonymous with quality products and the same signifies a sense of reliability. Consumers from all classes of society consisting of urban, rural, semi-urban etc., are familiar with the TATA mark/name. TATA is a rare Indian surname and was the surname of the founder of the Complainant... Held, Name Transferred to Complainant. [Commenced: 23 February, 2000 -> Judgment: 4 April, 2000]Indian law 320

Telaxis.com et al.| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Identical - Confusingly similar - Bad faith registration - Bad faith use -- Bona fide offering of goods or services -Trademarks -- Competing Rights - Legitimate Interests.
Complainant was registrant of United States trademarks TELAXIS and TELAXIS COMMUNICATIONS. Registrant registered the domain name, telaxis.com and telaxis.net. Complainant alleged that its registered marks and the registered domain names were identical and that Respondent registered the domain names at issue in bad faith and had no rights or legitimate interest in the domain names. Held, Name Not Transferred to Complainant. Complainant must establish both bad faith registration and bad faith use. [Commenced: 14 January 2000 -> Judgment: 5 March 2000]Bad faith 321

Telestra.org| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Second staff report- Respondent default- Actual notification- Identical - Confusingly similar - Bad faith registration - Bad faith use- Invented word- Famous marks- Failure to respond to complaint- Passive holding of domain name.
Complainant is the proprietor of more than 50 trademark registrations inside Australia, extensive trademark registrations in a large number of countries and a registered Community Trademark all containing the name TELESTRA. Additionally, the Complainant is the registrant of five domain names containing the name Telestra, including its principle web site address Telestra.com. Registrant registered the domain name, telestra.org. The Registrant is not a recognizable business entity and the domain name does not resolve to a website or other online presence... Held, Name Transferred to Complainant. [Commenced: October 24, 1999 -> Judgment: February 18, 2000]onfusingly similar 322

Theboldandthebeautiful.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark -Identical - Confusingly similar - U.S. Television show - Merchandise - No Response from respondent - Bad faith registration - Bad faith use.
Complainant is owner of registered service mark for The Bold and the Beautiful in relation to a television show and related merchandise. Respondent registered the domain name, theboldandthebeautiful.com. Evidence showed that Respondent is owner of numerous other domain names. Respondent has attempted to auction off both disputed domain name and other domain names it has registered... Held, Name Should be Transferred. [Commenced: March 24, 2000 -> Judgment: May 2, 2000]Merchandise 323

Theplaza.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Famous marks - Identical - Confusingly similar - Bad faith registration - Bad faith use - Extension of time for submission - Common Law Rights - Administrative Error.
Complainant owns the Plaza Hotel, a famous hotel and landmark in New York City. Complainant has shown that it is the owner of trademark registrations for the marks THE PLAZA, THE PLAZA COLLECTION, and YOUNG PLAZA AMBASSADORS. Complainant has also established common law rights in the mark THE PLAZA HOTEL. There are two respondents. Pop Data initially registered plazahotel.com. The domain name has never been used for any purpose. Pillus purchased the domain name from Port Jefferson Asset Management Corp., who purchased it from Pop Data. Held, Name Transferred to Complainant. [Commenced: 22 March 2000 -> Judgment: 1 June 2000]Famous marks 324

Thetotalpackage.com| - Read the case summary - Decision: 24-Aug-2000
ICANN's domain name dispute resolution policy - U.S. Trademark - Service mark - Confusingly similar domain name - Latham Act - Domain name suggesting affiliation - Misleading consumers for commercial gain.
The Complainant uses the mark THE TOTAL PACKAGE, U.S in association with entertainment services, namely live performances by a professional wrestler. Complainant holds all right and title in the service mark The Total Package, U.S., which is confusing similar to Respondent's domain name THETOTALPACKAGE.COM. THE TOTAL PACKAGE mark is advertised and recognized by consumers internationally and Complainant's valuable goodwill extends throughout the United States and the rest of the world. Held, Domain Name Transferred to Claimant. [Commenced: ... -> Judgement: April 10, 2000]10.00Latham Act 325

Timekeeper.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Default.
Complainant owns, and has continuously used since 1993, the service mark TIMEKEEPER for the transportation and delivery of packages and cargo by truck and warehouse storage services. Complainant also owns the U.S. trademark. The domain name at issue is timekeeper.com. And despite notice of Complainant's claim, Respondent renewed its registration for the Domain Name. The Domain Name does not resolve to an active web site, and Respondent has taken no discernable steps toward using the Domain Name. Respondent also defaulted on his response complaint. Held, Name Transferred to Complainant. [Commenced: 22 March 2000 -> Judgment: 9 May 2000]Trademark 326

Toefl.com| - Read the case summary - Decision: 24-Aug-2000
Domain Name - Domain name dispute resolution - U.S. Trademark - U.S. Service Mark - Supplemental User - Public Web Site - Identical - Confusingly similar - General offering - Bad faith registration - Bad faith use.
Complainant was a registrant of United States service mark and United States trademark. Registrant registered the domain name, toefl.com. Complainant alleged that its registered trademark is identical and was registered for the purpose of extorting compensation. Policy establishes that holding a valid trademark is a presumptive basis for redressing unfair competition in the registration and use of a domain name. The trade name may be invoked to prevent or redress unfair competition or practice. Complainant requests transfer of the domain name to itself. Held, Domain Name Transferred. Complainant must establish bad faith registration and bad faith use. [Commenced: February 7, 2000 -> Judgment: March 16, 2000]Supplemental User 328

Dak.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name registration policy - U.S. Trademark - Identical - Cybersquatting - Bad faith registration - No website established. Trademarks - Abandonment - Mark not abandoned - Question of intent - Common words - Hindu.
The DAK mark was used as early as 1967 by DAK Industries. The mark was assigned as collateral to Tokai Bank Ltd which subsequently foreclosed forcing DAK Industries into bankruptcy. A receiver was appointed, who attempted to sell the mark, and filed a Declaration of Non-use which was accepted by the U.S. Patent and Trademark Office in 1996. On or about March 26, 1999, the marks were sole to the Complainant. In February, 2000, the Complainant offered to purchase the domain name DAK.COM, which offer the Respondent accepted, and then subsequently revoked. The Respondent alleges that the Complainant abandoned its mark... Held, Name Transferred to Complainant. [Commenced: ... -> Judgment: 16 May, 2000]Hindu 329

Destinationpuertorico.com et al.| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Commonwealth of Puerto Rico Trade name - Commonwealth of Puerto Rico Trademark - Identical - Confusingly similar - Likelihood of confusion - Bad faith registration - Bad faith use.
Complainant was owner of Commonwealth of Puerto Rico Trademark for Destination Puerto Rico. Destination Puerto Rico is also protected by copyright laws of the United States of America by registration. Respondent registered the domain names, destinationpuertorico.com and destinationpuertorico.net. Held, Name Transferred to Complainant. By registering its domain name with Network Solutions, the Respondent had agreed to resolve any dispute regarding its domain name through ICANN's Uniform domain Dispute Resolution Policy... [Commenced: ... 2000 -> Judgment: February 29, 2000]Bad faith 330

Deutche-bank-ag.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Federal Republic of Germany Trademark - Banking services - Business designation - Offer of sale of domain name - Cease and desist - Identical - Confusingly similar - No response from Respondent - Panel drawing inferences.
Complainant was registrant of Federal Republic of Germany Trademarks Deutsche-Bank, Deutsche-Bank AG and Deutsche-Bank Aktiengesellschaft in relation to banking services. Respondent registered domain name deutsche-bank-ag.com. Evidence showed that Respondent contacted Complainant soon after registering domain name and stated that Complainant could contact Respondent about purchasing domain name. Complainant sent cease and desist letter and asked that Respondent cancel domain name... Held, Name Transferred to Complainant. [Commenced: 18 April 2000 -> Judgment: 30 May 2000]onfusingly similar 331

Dogs.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Servicemark - Confusingly similar - Bad faith - Legitimate interest - Reverse domain name hijacking.
Complainant Dog.com, Inc. owns U.S. Service Mark registered April 20, 1999 for DOG.COM and Design. Dog.com, Inc. owns and administers an active Web site using the domain name DOG.COM and registered this domain name with Network Solutions on August 14, 1997. Pets.com, Inc. has no active Web site at DOGS.COM. Instead, customers who type DOGS.COM are redirected to its PETS.COM Web site. The Complainant contends that once there, the URL is refreshed such that DOGS.COM disappears and the customer's back button is disabled. Customers seeking DOG.COM who mistakenly type DOGS.COM reach the wrong site and get stuck there. Dog.com, Inc. has received complaints from customers when this occurs. Held, Name Not Transferred to Complainant. [Commenced: 11 February, 2000 -> Judgment: 31 March, 2000]hijacking 332

Donutman.com| - Read the case summary - Decision: 24-Aug-2000
Domain name - Domain name dispute resolution policy - Registered Trademark - Continual Use - Nearly Identical - Established Identity - Confusingly Similar - Bad faith registration - Bad faith use.
Complainant is owner of the registered trademark The Donut Man, which he has used in the business of audio and video product production since 1982. Respondent registered the domain name donutman.com on 15 May 1996, but has not established any business or commercial entity since. Complainant alleges that donutman.com is nearly identical to his registered trademark, and that such use of nearly identical names is confusing in the mind of customers, and thus disruptive to Complainant's established business. Held, Name Transferred to Complainant. The domain name as registered by Respondent is nearly identical and is confusingly similar to Complainant's registered trademark The Donut Man...[Commenced: 27 March 2000 -> Judgment: 27 April 2000]onfusingly Similar 333

Drainstation.com et al.| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - DBA name - Identical - Confusingly similar - Bad faith registration - Prior business relationship - Intent to use domain name.
Complainant is registrant of DBA names The Drain Station and Northwest Plumbing. Respondent registered the domain names DRAINSTATION.COM AND NORTHWEST PLUMBING.COM. Complainant alleges that Respondent has no present legitimate interest in the names and registered them in bad faith. Held, Names Transferred to the Complainant. Complainant had a past business relationship with Respondent's brother at which time they registered Northwest Plumbing together. Respondent's brother is no longer associated with Northwest plumbing and the DBA name has since been transferred to Complainant. Respondent had registered the DBA name The Drain Station... [Commenced: 22 February 2000 -> Judgment: 4 April 2000]Bad faith 334

Duncanhine.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution - Trademark significance - Confusingly similar - Identical - Bad faith registration - Deliberate Registration - Interference with channel of trade - Disruption of business - No legitimate interests - Registered to rent domain name.
Complainant had trademark registrations for Duncan Hines, by itself or in some combination form. Complainant used the trademarks in commerce. Respondent registered domain name duncanhine.com, which the Complainant asserted was identical or confusingly similar to its registered trademark. Domain name was registered in bad faith. Held, Name Transferred to Complainant. The domain name is clearly identical and confusingly similar to the registered trademarks of the Complainant. Making a mark plural or singular does not make the domain different from the registered trademark... [Commenced: 7 April 2000 -> Judgement: 7 June 2000]Trademark 335

E-auto-parts.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - Confusingly similar - Bad faith registration - Lack of legitimate interest, inference - Amendment to complaint - What constitutes response.
Complainant owns a United States trademark registration for the mark EAUTO and is in the business of offering a full range of automotive information to companies and individuals through its Internet site at www.eauto.com. Complainant also owns the domain name eauto.net. Respondent registered the domain name e-auto-parts.com, which is not active. Complainant alleges that Respondent's registration and use of the domain name e-auto-parts.com violates its rights in its trademark EAUTO and its domain name eauto.com. Held, Name Transferred to Complainant. [Commenced: 2 March, 2000 -> Judgment: April 13, 2000]onfusingly similar 336

E-nike.com et al.| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy -U.S. trademark - Famous mark - Identical - Confusingly Similar - Registration with intent to resell - No website established. Applicable law - Parties domiciled in U.S. - U.S. law applied.
Complainant is the owner of U.S. trademark NIKE, which is well-known worldwide and owns the domain name NIKE.COM in connection with its very popular website. Respondent registered ENIKE.COM and E-NIKE.COM. The Respondent offered to sell the domain name to the Complainant for Nike stock worth over $100,000. Held, Name Transferred to Complainant. The domain names are identical or confusingly similar to the Complainant's trademarks, the only difference being the addition of an E which is insignificant. The Respondent is not a licensee of the Complainant and has no permission or consent to use the mark... [Commenced: ... -> Judgment: 27 April, 2000]Famous mark 337

E-radio.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - ICANN Uniform Domain Name Dispute Resolution Policy - Federal Lanham Act - Federal Anti-Cyber Squatting Consumer Protection Act - Reply to response - Objection to reply - Intent to use application - Negotiations to purchase - U.S. Patent and Trademark - Bona fide - Reverse domain name hijacking - Identical - Confusingly similar - Legitimate interests - Bad faith registration - Bad faith use.
Complainant is Interep National Radio Sales and owner of U.S. Trademark registration for E-RADIO, which was filed on May 5, 1998 as an intent to use application. Its first use in Commerce was dated August 2, 1999. Respondent is Technical Staffing Corporation and owner of domain name eradio.com which was registered on July 17, 1997... Held, Panel denied complaint, Domain Name eradio.com Not Transferred to Complainant. [Commenced: May 12, 2000 -> Judgment: May 26, 2000]Bona fide 338

Easyjet.net| - Read the case summary - Decision: 25-Aug-2000
Tradename - Trademark - Domain name identical to trademark - Bad faith use of domain name - Bad faith registration of domain name - Identity and confusing similarity - Rights or legitimate interests - Generic nature of domain name.
Easyjet is the owner of trademark registrations to the name Easyjet. The majority of Easyjets business is done over through the company's websites. Respondent registered the domain name easyjet.net. Respondent offers only a link to a vacuum repair shop in Houston as well as links to Easyjets main competitors. Held, Domain Name Transferred to Complainant. Steggles did not demonstrate any serious preparations to use the domain name easyjet.net in connection with a bona fide offering of goods or services... [Commenced: ... -> Judgment: March 17, 2000]Bad faith 339

Eautoinc.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - U.S. Trademark - Nearly Identical - Confusingly similar - Rights or legitimate interests.
Complainant owns a United States trademark registration for the mark EAUTO and is in the business of offering a full range of automotive information to companies and individuals through its Internet site at www.eauto.com. Complainant also owns the domain name eauto.net. Respondent originally did business under the name European Auto Parts but abbreviated its business name to E Auto Parts and E Auto. Respondent registered the domain name eautoinc.com. The Internet site at www.eautoinc.com offers auto and truck parts, at wholesale and retail prices, and features a searchable inventory database covering a range of parts from car and truck models... Held, Name Not Transferred to Complainant. [Commenced: 2 March 2000 -> Judgment: 13 April 2000]onfusingly similar 341

Eautolamps.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - Not identical - Confusingly similar - No bad faith registration - No bad faith use - Distinctive mark - U.S. Trademark - Legitimate interest - Lanham Act - Obligation to respond to demand letters- Appropriate forum - court.
The complainant is eAuto, L.L.C., owns a United States trademark registration for the mark EAUTO. Complainant offers a full range of automotive information to companies and individuals through its Internet web site at WWW.EAUTO.COM. Complainant alleges it has expended and continues to expend a significant amount of time and money to advertise, offer for sale, and promote its services through the EAUTO trademark and that its mark has substantial goodwill and a valuable reputation... Held, the Domain Name Should Not be Transferred to Complainant. [Commenced: ... 2000 -> Judgment: 24 March 2000]Lanham Act 342

Eautomotive.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - U.S. Trademark - Confusingly similar - Incorporating whole mark into domain name - Respondent requesting extension for filing of response - Respondent having legitimate interest in domain name - Respondent using site to host automotive related information - Generic names - Prefix.
The Complainant is the holder of a trademark registration for the mark EAUTO and offers a full range of automotive information through its website (eauto.com). The Respondent provides Internet hosting and design services to small businesses and has registered many domain names to this effect. The domain name eautomotive.com was registered for and is used in connection with the automotive-related businesses it hosts. The Respondent requested, and was granted, an extension in the filing of a response due to its principal's travel schedule. Held, Name Not Transferred. [Commenced: 25, February 2000 -> Judgement: 13, April 2000]Generic names 343

Eautoparts.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Distinctive mark - Confusingly similar - Identical - Legitimate interest - Bad faith registration - Bad faith use - Descriptive names.
Complainant is the owner of a registered United States trademark. Respondent registered the domain name eautoparts.com. Complainant alleges that this domain name is confusingly similar to its trademark and that Respondent has no legitimate interest in the domain name and has registered and used it in bad faith. Held, Name Not Transferred to Complainant. Complainant is in the business of offering a full range of automobile information through its Internet site at www.eauto.com. Complainant owns the U.S. trademark EAUTO, registered in February 1997. Respondent registered the domain name eautoparts.com in August, 1997. [Commenced: 29 February, 2000 -> Judgment: 9 April, 2000]onfusingly similar 344

Efgprivatebank.com et al.| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain Name Dispute Resolution Policy - Trademark - Identical - Confusingly similar - Legitimate interests - Bad faith registration - Bad faith use.
Complainant was registrant of trademarks, EFG, EFG Private Bank (and device). Respondent registered domain names, efgprivatebank.com, efg-private-bank.com, efgprivate.com, and efgpb.com. Complainant alleged that Respondent's domain names are identical and confusingly similar to its trademarks, that Respondent had no legitimate interests in the names, and that the names were registered and used in bad faith. Respondent only contends that it has requested the cancellation of the Domain Names. Held, Names Transferred to Complainant. Complainant must establish that the names are identical or confusingly similar, that the Respondent had no legitimate interests, and bad faith registration and use. [Commenced: 14 February 2000 -> Judgment: 22 March 2000]onfusingly similar 345

Efitnesswarehouse.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - Trade mark - Service mark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate interest.
Complainant was registrant of United States service mark, FITNESS WAREHOUSE. Registrant registered the domain name, efitnesswarehouse.com. Complainant alleged that its registered mark and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. Complainant must establish both bad faith registration and bad faith use. According to the rules of procedure of the Uniform Domain Name Dispute Resolution Policy the Panel was satisfied that all procedural rules were adhered to and that Respondent, despite its absence from the hearing, did not suffer any prejudice with respect to procedural fairness. [Commenced: 4 March 2000 -> Judgment: 22 April 2000]Trade mark 346

Embratel.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - Service mark - Trademark - Identical - Confusingly similar - Distinctive - Invented names - Acronyms - Bad faith registration - Bad faith use - International Trademark - Well known marks - Famous marks - Negligence - Diligence -Defensive registration - Passive holding.
The trademark upon which the Complaint is based is EMBRATEL. The word embratel is an acronym of the Complainant corporate name: EMpresa BRAsileira de TELecomunicaes S.A. Complainant is a well-known entity in Latin America. Respondent registered the domain name at issue embratel.com. Held, Name Transferred to Complainant. The domain name Embratel.com is identical to the trademark EMBRATEL. The particle com is an attribute of the gTDL common to all the domain names and is irrelevant when examining this issue. [Commenced: 22 March 2000 -> Judgment: 15 May 2000]Distinctive 347

Eresolution.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - Identical - Confusingly similar - No legitimate interest - Bad faith registration - Bad faith use.
Complainant, a Canadian corporation, maintains a website at www.eresolution.ca at which aggrieved parties can institute claims for the transfer of domain names held by parties who have registered and who use domain names in bad faith. Respondent registered the domain name eresolution.com in the United States. Evidence provided by the Complainant shows that eresolution.com is not authorized to do business in California. Complainant alleges that the Respondent's numerous offers to sell the domain name to the Complainant and its soliciting of bids through a domain name auction site are indicators of bad faith. Held, Name Transferred to Complainant. [Commenced: 3 March 2000 -> Judgment: 10 April 2000]onfusingly similar 348

Eshow.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - Denial of U.S. Trademark - Generic name - Identical - Confusingly similar - Insufficient evidence of bad faith registration.
Complainant commercially used the mark, eshow, but was denied United States trademark registration of the mark on the ground that it was descriptive. Respondent registered the domain name, eshow.com which was used by customers although it was under construction or reconstruction at the time of the hearing. When Complainant offered to purchase the domain name in issue, Respondent replied that the last bid it had received was in excess of $1 million. Held, Name Not Transferred to Complainant. Although a mark need not be registered to be valid at common law, an alleged mark that is merely descriptive or generic is not protected at common law... [Commenced: ... -> Judgment: 9 June, 2000]Generic name 349

Euroconsult.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - U.S. Service mark - Confusingly similar - Bad faith registration - Offer to sell domain name to Complainant or to competitor for $200,000 - No response filed.
Complainant was holder of registered service mark. Respondent registered domain name euroconsult.com. Held, Name Transferred to Complainant. Respondent registration is confusingly similar. Respondent has no legitimate interest in domain name. Respondent has shown bad faith in that it conducts no active business under the domain name and it further offered the domain name for sale following the filing of the Complaint. Respondent did not file a response to the Complaint. [Commenced: 3 February 2000 -> Judgement: 9 March 2000]Bad faith 350

Euro-tunnel.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - ICANN Uniform Domain Name Dispute Resolution Policy - Rules of Uniform Domain Name Dispute Resolution Policy - Supplemental Rules for Uniform Domain Name Dispute Resolution Policy - Procedures - Answer to Respondent's Response - U.K. Trade Marks - Hyphenated names - Identical - Confusingly similar - Legitimate interests - Bad faith registration - Bad faith use.
Complainant, registered proprietor of several Eurotunnel U.K. Trade Marks, argued that Respondent registered its domain name, Euro-tunnel.com, without any right or legitimate interest, that it was identical or confusingly similar to theirs and that its registration and use were done in bad faith. The Center received (by email) the Complaint and transmitted (by email) the Notification of Complaint and Commencement of the Administrative Proceeding to the Respondent. Held, Domain Name Transferred to Complainant. [Commenced: 8 February 2000 -> Judgment: 17 March 2000]Bad faith 351

Exclaim.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Computer applications - Derivative of name - Domain registered before registration of trademark - Failure to contend bad faith - Failure to show bad faith.
The complainant owns the trademark in Exclaim in relation to various computer applications. Respondent registered the domain name exclaim.com. Complainant contends that it has trademark protection for the use of Exclaim for internet access, that the respondent company does not exist, the domain name has been abandoned and that exclaim.com is not nor has ever been an active site. Respondent contends that the domain name is a derivative of its own name, the domain name was registered several years before the Complainant registered its alleged trademark... Held, Name Should Not be Transferred. [Commenced: 7 April 2000 -> Judgment: 16 May 2000]Trademark 352

Exec-u-net.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Willful disregard - Common law rights - Exec-u-net.
Complainant has continually used the name exec-u-net since 1988, and registered it as a trademark in the United States in 1992 and again in 1999. Respondent has acquired common law rights to its name and has invested a substantial amount of expense in advertising, public relations, promotion, establishing extensive good will in its trademark. Respondent registered the domain name exec-u-net.com in 1996. Held, Name Transferred to Complainant. Respondent's domain name is identical or confusingly similar to Complainant's trademark. Respondent has no rights or legitimate interest in the domain name. [Commenced: 23 May 2000 -> Judgment: 8 June 2000]onfusingly similar 353

Fido.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - Trademark - Service Mark - Confusingly similar - Bad faith registration - Bad faith use - Legitimate Interests - Common Name - Generic Name - Canadian law - Canada.
Complainant is Microcell Solutions, a telecommunications company and the owner of a service mark registration for FIDO. Respondent is the B-Seen Design Group, a company specializing in the design of promotional web pages, and the registrant of the contested domain name, fido.com. In June, 1997, Respondent registered the Fido.com domain name. To date, it has not used the domain name to operate an active website. Complainant offered to pay Respondent for the registered domain name. Respondent refused the offer, which was in excess of out of pocket expenses... Held, Name Not Transferred to Complainant. [Commenced: 25 February 2000 -> Judgment: 2 May 2000]60|Confusingly similar 354

Firefoam.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Trademark - Prior knowledge - Identical - Confusingly similar - Non-legitimate use - Bad faith registration - Bad faith use.
Complainant was registered owner of trademark, FIREFOAM, and used it continuously since 1985. Respondent registered the domain name, firefoam.com long after Complainant's adoption of the mark. Complainant alleged that its registered mark and Respondent's registered name are identical, and that Respondent registered and used the domain name in bad faith since it had no legitimate interests associated with it. Held, Name Transferred to Complainant. Complainant must establish bad faith registration, bad faith use, and that the Respondent had no legitimate interests in the domain name at issue. [Commenced: 17 March 2000 -> Judgment: 20 March 2000]Prior knowledge 355

Fishtech.com| - Read the case summary - Decision: 25-Aug-2000
Domain name registration - Domain name dispute resolution policy - Service mark - Trade mark - Identical - Confusingly similar - Agent acting in bad faith - Bad faith registration.
Respondent was hired to act as the agent of the Complainant to register its domain name, fishtech.com. Complainant alleges that Respondent acted in bad faith in naming itself as the registrant for the domain name and for not informing the Complainant of this fact. Complainant argues that its trademark or service mark and the registered domain name are identical or confusingly similar in which the complainant has rights and the respondent none. Respondent was hired to register the domain name for the Complainant and not for its own benefit. Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. [Commenced: 6 March 2000 -> Judgement:... 2000]ryn@yeic.comTrade mark 356

Forrent.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Settlement.
The Complainant alleges it is the owner of the trade-mark FOR RENT and the stylized version of the mark FOR RENT. The Complainant asserts that the domain name FORRENT.COM is identical or confusingly similar to the FOR RENT trade-mark in which Complainant has rights. Settlement was reached prior to decision. Held, Name Transferred to Complainant through Settlement. In accordance with the authorization and request of the parties in the Notification of Settlement and Stipulation of Transfer, the Administrative Panel requires the Registrar Network Solutions, Inc. to transfer the domain name FORRENT.COM to the Complainant United Advertising Publications, Inc. and terminates this administrative proceeding. [Commenced: 16 February 2000 -> Judgement: 31 March 2000]Settlement 357

Foxnetworknews.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Dispute resolution policy - Trademarks - Service marks - Identical - Confusingly similar - Legitimate interest - Bad faith registration - Bad faith use - Intent to sell - Pattern of conduct - Descriptive words - Entertainment business.
Complainant, is a well-known entertainment conglomerate. It owns hundreds of trademarks and service marks containing the words, Fox and Twentieth Century among others. Complainant alleges that Respondent registered and used in bad faith twenty-one domain names that were identical or confusingly similar to its famous trademarks and service marks, which all included the word, Fox... Held, 16 Names Transferred to Complainant, 5 Names Not Transferred to Complainant. [Commenced: ... -> Judgment: 18 May 2000]Intent to sell 360

Icqsms.com| - Read the case summary - Decision: 25-Aug-2000
Domain Name - Trademark - Identical - Confusingly Similar - Bad faith registration - Bad faith use.
Complainant was the owner of numerous trademarks, service marks, and trade names that included the term ICQ. Respondent registered the domain name icqsms.com. Complainant alleged that the respondent registered the domain name icqsms.com in bad faith and had no rights or legitimate interest in respect of the domain name. Held, Name Transferred to Complainant. The domain name icqsms.com registered by Respondent is identical to Complainant's ICQ mark, ICQ SMS, and is nearly identical and confusingly similar to the other ICQ marks in which Complainant has rights. It is clear that Respondent has no rights or legitimate interests in respect of the domain name. This is bad faith registration. [Commenced: 11 January 2000 -> Judgment: 10 February 2000]Identical 361

Drawtite.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain Name Dispute Resolution Policy - US Trademark - Identical - Confusingly similar - Legitimate interests - Legitimate rights - Bad faith registration - Bad faith use.
Complainant is registered owner of trademarks, DRAW TITE and DRAW-TITE and Design. Respondent registered the domain name, DRAWTITE.COM. Complainant alleged that Respondent's name is identical and confusingly similar to its own trademarks and the variations on its trademarks, and that Respondent registered and used the name in bad faith. Held, Name Not Transferred to Complainant. Complainant must establish that the domain name is identical or confusingly similar to its trademark; that the respondent has no rights or legitimate interests in respect of the domain name; and that the domain name has been registered and used in bad faith. [Commenced: 8 February 2000 -> Judgment: 14 March 2000]Bad faith 362

Electronicdaytrader.com| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - Supplemental Rules - U.S. Trademark - Identical - Legitimate interest - Confusingly similar - Descriptive - Secondary Meaning - Generic Marks - Bad faith registration - Bad faith use - Lapse in registration - Failure to renew registration.
Complainant's registration of electronicdaytrader.com lapsed due to non-payment of the renewal fee. Respondent registered the domain name on January 12, 2000. Complainant alleged that Respondent had no legitimate interest in the domain name and is using it in bad faith. Held, Name Not Transferred to Complainant. There can be no question that the domain name electronicdaytrader.com is identical to the trademark The Electronic Day Trader. Given that design elements cannot be captured in a domain name, the design elements of Broadway Trading's registered marks are irrelevant. [Commenced: 16 March 2000 -> Judgment: 25 April 2000]8.00Supplemental Rules 363

Sahajmarg.org| - Read the case summary - Decision: 25-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Patent and Trademark Office - Insufficient evidence for transfer.
Complaint registered the trade or service mark, Sahaj Marg with the United States Patent and Trademark Office. Complainant asserts that Respondent's registration of the Domain Name, SAHAJMARG.ORG is confusing and hindering the Complainant's current members, violates its registered trade or service marks, and that Respondent registered the Domain Name in bad faith. Held, Decision for Respondent. The evidence submitted by Complainant fails to establish that Shri Ram has no rights or legitimate interests in respect of the Domain Name or that it acted in bad faith... [Commenced: 3 March 2000 -> Judgment: 4 April 2000]Insufficient evidence 364

1800rockport.com| - Read the case summary - Decision: 25-Aug-2000Domain name - Domain name dispute resolution policy - U.S. Trademark - Supplemental Rules - U.S. Trademark - International Trademark - Identical -Legitimate interest - Telephone number - City names - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was owner of 5 United States trademark registrations and over 200 International trademark registrations that include 'Rockport'. Respondent registered the domain name, 1800ROCKPORT.com. Complainant alleged that its registered trademarks and the domain name at issue were identical or confusingly similar and that the Respondent had no legitimate interest in the domain name and is using it in bad faith. Held, Name Transferred to Complainant. Complainant must establish that the domain name was registered and used in bad faith. [Commenced: 24 March 2000 -> Judgment: 6 April 2000]Supplemental Rules 365

Pochacco.com| - Read the case summary - Decision: 26-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - U.S. Service mark - Identical - Bad faith registration - Inactivity of domain name - Non-use of domain name - False identity registration of domain name - Inactivity and non-use of name.
Complainant was owner of U.S. trademark and service mark registrations for the mark POCHACCO. Complainant used the POCHACCO mark in connection with a wide range of products and services since 1989 and spent millions of dollars in the U.S. on promotion of cartoon characters including POCHACCO. The complainant was unable to register the domain name POCHACCO.COM as the Respondent had already registered it. The Respondent registered the name in 1997 and renewed it in 1999 but had not made any commercial use of it. Held, Name Transferred to Complainant. [Commenced: March 14, 2000 -> Judgement: April 20, 2000]Inactivity 366

Pantyexpress.com| - Read the case summary - Decision: 26-Aug-2000
Domain name - Domain name dispute resolution policy - Service mark - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate Interests.
Complainant has been using the name PANTY EXPRESS since 1986 and is the owner of a United States Federal Trademark registered in 1986 for the servicemark PANTY EXPRESS. Respondent registered the 3 domain names, PANTYEXPRESS.COM, PANTYEXPRESS.NET, and PANTYEXPRESS.ORG. Respondent upon notification by Complainant that PANTY EXPRESS was a registered servicemark owned by Complainant and registered with the United States Trademark Office responded by offering Complainant first choice to purchase said domain names for $500.00 each. Held, Names Transferred to Complainant. The domain names at issue are identical to Complainant's servicemark PANTY EXPRESS. [Commenced: 14 February 2000 -> Judgment: 27 March 2000]Bad faith 367

Pedrodelhierro.com| - Read the case summary - Decision: 26-Aug-2000
Second level domain name - Domain name dispute resolution policy - Spanish Trademark - Community trademark - Formal Response - Default decision - Famous or well-known trademark - Identical - Confusingly similar - Rights or legitimate interests - Knowledge of products and fame and trademark registrations Evidence to prove good faith - Pattern of conduct - Bad faith registration - Acting in bad faith - Applicable principles of law.
Complainant was registrant of Spanish trademark, Pedro del Hierro. Respondent registered the domain name, pedrodelhierro.com and has applied for registration of the mark Pedro del Hierro (graphic mark) as a Community Mark. Complainant alleged that its registered trademark and the registered domain name were identical and that the Respondent appeared to have no rights or legitimate interests in respect of the domain name... Held, Domain Name Transferred to Complainant. [Commenced: 23 March 2000 -> Judgment: 2 May 2000]ommunity trademark 368

Petwarehouse.com| - Read the case summary - Decision: 26-Aug-2000
Domain name - Domain Name Dispute Resolution Policy - Service mark - Trademark - Secondary meaning - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate rights - Anti-cybersquatting - Consumer confusion - Generic term - Suggestive mark.
Complainant has used service mark, Pet Warehouse in commerce but was not registrant of the mark. Respondent is the beneficial owner of the domain name, petwarehouse.com. Complainant alleged that the domain name at issue is identical or confusingly similar to it's service mark; that Respondent has no rights or legitimate interests in the domain name; and that Respondent registered and used the domain name in bad faith. Held, Name Not Transferred. Complainant has not established rights in the trademark Pet Warehouse. The federal court has previously held that similar warehouse and pet marks to be generic... [Commenced: 28 February 2000 -> Judgment: 13 April 2000] 369

Philipsindia.com| - Read the case summary - Decision: 26-Aug-2000
Domain name - Domain name dispute resolution policy - India - Subsidiary rights -User Agreement - Famous mark - Advertising Costs - Breach of Trust - Bad faith registration - Deliberate delays - Damages.
Complainant is a subsidiary of Philips Electronics N.V. (PENV), who are registered owners of PHILIPS trademark. Complainant, with written permission of PENV, has extensively advertised its electronic and lighting products in India, under the PHILIPS trademark for six decades. In 1998 Complainant spent approximately $9,327,699 on advertising of this trademark. Respondent, after being commissioned to develop and host a website for the Complainant, made an application for the domain name, philipsindia.com. However, instead of applying on behalf of the Complainant, Respondent made application on its own behalf. Held, Name Transferred to Complainant. [Commenced: 21 January 2000 -> Judgement: 7 March 2000]India 370

Phonenphone.com| - Read the case summary - Decision: 26-Aug-2000
Domain name - Domain name dispute resolution policy - Pending Service mark - Pending Trademark - International Brand - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate Interests - Intent to Use - Delay in Response - Phonetically Identical.
The Complainant alleges that the domain name in dispute, phonenphone.com, is identical, or confusingly similar, to Complainant's trade name and pending service mark. The domain name at issue is phonenphone.com. The basis for the application was the intent to use Phone-N-Phone and PNP in connection with long distance telephone services. Respondent declares he developed a project, prior to Complainant's intent to use, to create an international network for telephone wholesale, called Phone-N-Phone, which he presented to Mr. Kelman... Held, Name Not Transferred to Complainant. [Commenced: 14 February 2000 -> Judgement: 23 March 2000]Phonetically 371

Phonespell.com et al.| - Read the case summary - Decision: 26-Aug-2000
Domain name - Second Level Domain name - Service Mark/Trade Mark - Identical - Similar - Misspelled - Variations.
Complainant applied for but did not receive a certificate of Service Mark for the name phonespell. Complainant maintains that it should have exclusive use of the domain name phonespell.com and its variations having applied for a Service mark prior to the Respondent's registration of the domain name and its variations. Held, Domain Name and its variations Not Transferred to Complainant. The Complainant and Respondent have businesses that are somewhat similar but not identical. As such, Complainant failed to show that phonespell had acquired any secondary meaning. Complainant did not take the necessary steps to establish exclusive control of the name phonespell in a timely manner. The Respondent is using phonespell.com to further its business. [Commenced: ... -> Judgement: 2 March 2000]Misspelled 372

Planetrxx.com| - Read the case summary - Decision: 26-Aug-2000
Domain name registration - Internet prescription drugs - On-line medical information - Confusing similarities - Trade name - Trademark - Bad faith registration.
The Complainant, a company selling pharmaceuticals and health care products over the Internet, has applied to register their marks PLANETRX and PLANETRX.COM. They are alleging that the Respondents have registered their domain name PLANETRXX.COM in bad faith as it bears no relationship to its trade name, World Express Rx. Held, Respondent's Domain Name Cancelled. It was apparent that the Respondent had registered PLANETRXX.COM to disrupt the Complainant's business, resulting in bad faith. [Commenced: 11 January 2000 -> Judgment: 7 March 2000]Internet prescription drugs 373

Pokemon2000.com et al.| - Read the case summary - Decision: 26-Aug-2000
Domain name - Domain name dispute resolution policy - Pokemon - Identical and confusingly similar - Bad faith registration and use - No legitimate use - Distinctive marks - Well known marks - Famous marks.
Complainant is the owner of the trademark POKEMON which was registered with the United States patent and Trademarks Office. Prior to registration, Complainant had used the POKEMON trademark in connection with children's television programs, computer and video game software and has also licensed the use of the POKEMON trademark in connection with a broad variety of goods and services. The POKEMON franchise has generated more than $7 billion in worldwide revenues including animated feature films, books, etc... Held, Domain Names Transferred to Complaint. [Commenced: 22 March 2000 -> Judgment: 12 April 2000]Pokemon 374

Powrachute.com et al.| - Read the case summary - Decision: 26-Aug-2000
Domain name - Domain name dispute resolution policy - Registered or common law trademark -Service mark - Corporate name - Confusingly similar - Identical - Parachute business.
Complainant alleges that the domain names owned by Respondent, powrachute.com, powrachute.net, powrachutes.com and powrachutes.net, are identical to Complainant's corporate name and were registered in order to prevent Complainant from using them for its own business purposes. Held, Name Not Transferred. Complainant, founded in 1998 is a manufacturer of powered parachutes and began to become known within the industry towards the end of 1999. Respondent has been in the powered parachute business since at least 1992 and registered the contested domain names in December, 1999. [Commenced: 21 January 2000 -> Judgment: 30 May 2000]Parachute 375

Quixtar-sign-up.com| - Read the case summary - Decision: 26-Aug-2000|CASE_ARCHIVES/ARCHIVE_Q

Domain name - Domain name dispute resolution policy - Pending U.S. trademark applications - Applications outside U.S. - Successful e-commerce site - Practice - Jurisdiction - Third party - Identical - Confusingly similar - No legitimate interest - Bad faith registration - Bad faith use.
Complainant has filed intent to use applications for five trademarks bearing the name Quixtar. The Quixtar mark is in use in the Complainant's website, quixtar.com. The website has been quite successful. Respondent registered the domain name quixtar-sign-up.com. Complainant alleges he Respondent QUIXTAR-IBO is the same as Scott Smithberger. Respondent has never been a Quixtar IBO... Held, Name Transferred to Complainant. [Commenced: 14 March 2000 -> Judgement: 19 April 2000]Successful e-commerce 376

Rollasign.com| - Read the case summary - Decision: 26-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration and Bad faith use.
Complainant was registrant of United States trademark. Registrant registered the domain name, ROLLASIGN.COM. Complainant alleged that its registered mark and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. The Final Report of the WIPO Internet Domain Name Process states that if the parties to the procedure are resident in one country, the registrar in which the domain was registered is located in the same country, and the evidence of bad faith registration and use of the domain name related to activity in the same country... [Commenced: 9 February 2000 -> Judgment: 20 March 2000]onfusingly similar 377

Robohelp.com| - Read the case summary - Decision: 26-Aug-2000
Domain Name - Domain name dispute - U.S. trademark - Identical - Bad faith registration - Cybersquatting - Registration with intent to resell - No website established - Practice - Late submissions.
Procedure - Exclusion of late submissions. The Complainant was the developer of software sold under the ROBOHELP mark. The Respondent registered ROBOHELP.COM. After a Panelist was appointed, the Complainant filed a Reply Brief, and the Respondent filed a Response to the Reply. Both submissions were unsolicited. Held, Name Transferred to Complainant. Absent unusual circumstances, it is appropriate to exclude late submissions that are not solicited by the Panel. Since the Reply and Response to Reply did not provide additional evidence, they were not considered or addressed by the Panel. [Commenced: ... -> Judgment: 27 April, 2000]ybersquatting 378

Rogaine.net| - Read the case summary - Decision: 27-Aug-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Procedural fairness - Arbitrary mark.
Complainant was registrant of United States States trademark, ROGAINE. Registrant registered the domain name, ROGAIN.NET. Complainant alleged that its registered marks and the registered domain name were identical and that Respondent registered the domain name at issue in bad faith. Held, Name Transferred to Complainant. Complainant must establish both bad faith registration and bad faith use. According to the rules of procedure of the Uniform Domain Name Dispute Resolution Policy the Panel was satisfied that all other procedural rules were adhered to and that Respondent, despite its absence from the hearing, did not suffer any prejudice with respect to procedural fairness. [Commenced: 6 March 2000 -> Judgment: 19 April 2000]Arbitrary mark 381

Armaniinternational.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Default alone indicates no legitimate right - Default alone indicates bad faith - Bad faith registration - Bad faith use.
Complainant is the owner of the trademark Armani. Respondent registered ARMANIINTERNATIONAL.NET, which is the name of their company. Respondent did not respond to the complaint. Held, Name Transferred to Complainant. The use of the term Armaniinternational is clearly confusing with the trademark Armani. The use of the term international does not change this. Even though Armani International is part of the company name of the Respondent, the lack of proof of prior rights or interests allows the Panel to conclude the Respondent had no right or legitimate interest in the domain name. [Commenced: 15 May 2000. -> Judgment: 26 June, 2000] - 8.00Commenced: May 2000, Judgment: June, 2000 382

Atmonline.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - Untimely Response - U.S. Trademark - Common Law Trademark - Pending - Identical - Confusingly similar - Bad faith registration - Bad faith use - Not traditional cybersquatter - No knowledge of Complainant - Pattern of Conduct - Warehousing names.
Complainant is a software company which, for three years, has been developing a program that would allow automated teller machine cards to be used on the Internet. Complainant has applied for trade-mark protection of ATM ONLINE, but this is still pending. Complainant does already own the .net, .org, and .cc versions of the disputed domain name. Respondent is a domain name wholesaler. Respondent has offered the domain name at issue for substantial sums to the public and to Complainant in particular...B> Held, Domain name not transferred. [Commenced: 9 June 2000. -> Judgement: 13 July 2000]ommenced: June 2000, Judgement: July 2000 383

Avengers.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution - Trademark ownership -Worldwide use - No registration of marks - Common law rights - Confusingly similar - Phonetics, appearance, spelling - Legitimate rights or interest - Bona fide business plan - Legitimate business - No bad faith - No pattern of warehousing domain names.
Complainant owned trademarks and service marks for THE AVENGERS and AVENGERS, which it used to sell products around the world. Complainant had rights to the marks at common law but had not registered the marks. Respondent registered the domain name in dispute AVENGERS.COM. Complainant asks for transfer of the domain name. Held, Name Not Transferred [Commenced: 13 June 2000 -> Judgement: 18 July 2000]5|Commenced: June 2000 , Judgement: July 2000 384

Ahyoo.com| - Read the case summary - Decision: 3-Sep-2000
Domain name-Domain name resolution policy-Cybersquatting-Bad faith-Diversion of business-Identical-Confusingly similar-Rights and legitimate interests-Definition of right and legitimate interest-Specifics of responsibility of WIPO to give Respondent notice of proceedings-Consolidation provision of the Policy-Typosquattin-Error notifying message.
Complainant is the owner of the trademark and service mark YAHOO, having registered in February 1997. Complainant registered the domain name yahoo.com in January 1995. Since 1995 Complainant has become a well known presence on the web with US$588 of revenue in 1999. Respondent is the operator of a series of web sites that deal with sports and sports betting, car sales, financial quotes and other services. Respondent did not register any of the domain names at issue till July 1997... Held: Domain Name Transferred to Complainant. [Commenced: 27 June, 2000 -> Judgement: 10 August, 2000]80|Commenced: June, 2000 , Judgement: August, 2000 385

Bancogeneral.com| - Read the case summary - Decision: 3-Sep-2000
Domain name -Domain name dispute resolution -Registered trademark -No attempt to use domain -Offer of sale - Identical to mark - No rights or legitimate interest - Not commonly known - No bona fide goods or services - No legitimate noncommercial or fair use - No evidence presented - Bad faith registration -Cannot deny claim -Domain name speculation business.
Complainant owns registered trademark for BANCO GENERAL for use in its business as a financial institution. Complainant even registered domain name BANCO-GENERAL.COM. Respondent registered domain name BANCOGENERAL.COM but has not made any attempts to use the domain name. Complainant asks for transfer of the domain name. Respondent did not submit a response. Held, Name Transferred [Commenced: 19 June 2000 -> Judgement: 20 July 2000]ommenced: June 2000 , Judgement: July 2000 386

Bartlesandjaymes.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use -Cybersquatter Complaint Constitutionally protected - Free speech Consumer advocacy - Legitimate interest.
Complainant, E. & J. Gallo Winery, owns trademark BARTLES & JAYMES which is the subject of more than five U.S. federal registrations and 250 registrations worldwide. Respondent, Hanna Law Firm, registered the domain names bartlesandjaymes.com, and bartlesandjaymes.net. Respondent claims that it registered the domain names for the purpose of creating a Constitutionally protected Consumer Advocacy Free Speech complaint site. Held, Name Transferred to Complainant.[Commenced: 29 June, 2000 -> Judgment: 3 August, 2000]ommenced: June, 2000 , Judgment: August, 2000 387

Beanybaby.com| - Read the case summary - Decision: 3-Sep-2000
Domain names - Domain name dispute resolution policy - Fictitious business names - Multiple domain names but single owner because domain names do not have separate, recorded existence - No response from Respondent - Respondent successfully dodged service - No participation in dispute resolution by Respondent - Adverse inference drawn against Respondent - Complainant developed successful websites that were popular among children - Complainant - marks are internationally known -Confusingly similar -Respondent not licensee of Complainant - Respondent linked domain names to web sites containing graphic, adult-oriented material - Likelihood of confusion.
Complainant is the creator of the Beanie Babies line of plush toy products. Complainant has developed successful web sites in connection with its products, namely Beanybabies.com... Held, Names Transferred to Complainant [Commenced: 12 May 2000 -> Judgment: 27 June 2000]ommenced: May 2000 , Judgment: June 2000 388

Boymachine.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - U.S. Trademark - Common law trademark - Identical - Confusingly Similar - Right and Legitimate Interest - Bad faith registration - Bad faith use -Difference of plurality - Divert users.
Complainant was owner of the U.S. trademark registration for the mark, BOY, for use in injection molding machines and parts. Complainant conducts business on the Internet at boymachines.com. Respondent registered the domain name, boymachine.com, and is using this domain name as an adults-only website. Held, Name Transferred to Complainant. Respondent's domain name is confusingly similar to Complainant's registered mark and identical to Complainant's common law mark. Respondent creates confusion....[Commenced: 26 June, 2000 -> Judgment: 20 July, 2000]ommenced: June, 2000 , Judgment: July, 2000 389

Bungeishunju.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Japan Trademark - Famous mark - Confusingly similar - Identical - Bad faith registration - Invented words - Respondent registering other domain names of famous Japanese corporations - Guiding principles of Japanese trademark laws apply.
Complainant is the owner of one of the largest publishing companies in Japan. It publishes more than 400 book titles per year. It has been publishing the magazine "Monthly Bungei Shunju" since 1923 and "Weekly Bunshun" since 1959. Complainant owns more than one hundred trademarks consisting of Bungeishunju in kanji characters and Bunshun in katakana and kanji characters. These marks are on the list of famous trademarks in Japan. Respondent registered the domain names bungeishunju.com and bunshun.com. These domain names were registered by bungeishunju.com and bunshun.com, respectively. Held, Name Transferred to Complainant. [Commenced: 29 May 2000 -> Judgement: 10 July 2000] ommenced: May 2000 , Judgement: July 2000 390

Businessway.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use -Visual Appearance - Sound - Public auction - Registered for re-sale.
Complainant has furnished evidence that there is a Canadian registered trademark BUSINESSWAY, however, Complainant is no longer the registered owner of this trademark registration. The registration has been assigned to Mr. Faris Heddo. Mr Heddo, is the President of Complainant corporation and he has joined in the submissions. Mr. Heddo has expressly agreed that Complainant is the owner of the said trademark BUSINESSWAY. Complainant also claims that it is the owner of a pending application for registration of the said trademark in the USA. Held, Name Transferred to Complainant. [Commenced: 9 June, 2000 -> Judgment: 18 July, 2000] ommenced: June 2000 , Judgment: July 2000 391

Campyahoo.com| - Read the case summary - Decision: 3-Sep-2000
Domain name -Domain name dispute resolution -Registered trademark -Registered service mark -Complainant owned domain name -Use of domain name with other third-level domains -Disputed domain name includes Complainant's trademark Respondent's failed to deny complaints -Acceptance of Complainant's averments as true - Confusingly similar -Virtually identical - Incorporation of registered mark - No rights or legitimate interests - No challenge by Respondent - Bad faith registration and use - Domain name not used - Nonsensical address and contact information - Inference of selling or trading on Complainant's goodwill.
Complainant owned trademark and service mark YAHOO and operated a website using the domain YAHOO.COM. Complainant also uses its domain name with other third-level domains, including CAMP.YAHOO.COM. Respondent registered the domain name CAMPYAHOO.COM... Held, Name Transferred [Commenced: 5 June 2000 -> Judgement: 21 July 2000]ommenced: June 2000 , Judgement: July 2000 392

Chemco.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - Canada - Canadian Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant, Chemco Rubber Limited, is a leading supplier of tire repair materials, tools and equipment for the Canadian tire repair industry. The company has been in business under the 'Chemco' name since the early 1960s. Its products are sold in Canada, the United States and internationally, and the company has plants and offices in Toronto and Vancouver, Canada. Respondent, Mr. Greg Ricks, registered the domain name 'chemco'. The domain name has never been used in connection with a business, brand, product, or service that can be linked in any way to the word 'chemco', and the domain name has been routed at various times to several sites. Held, Domain name transferred. [Commenced: 26 May 2000. -> Judgement: 13 July 2000] ommenced: May 2000 , Judgement: July 2000 393

Choyongpil.net| - Read the case summary - Decision: 3-Sep-2000
Domain name -Domain name dispute resolution policy -Names of Famous People - Active domain name status but no active website -No response from Respondent -No participation in dispute resolution by Respondent -Respondent not licensee of Complainant -Respondent not willing to transfer domain name - Complainant's name attained status of common law mark - Confusingly similar- Likelihood of confusion and claim for passing off successful given Complainant's fame - Bad faith registration includes inaction.
Complainant is Cho Yong Pil, who is a famous Korean pop music artist who performs, records, and sells records, CDs, cassettes, and related music products under the name Cho Yong Pil (sometimes known as Cho Yong-Pilu). Respondent registered the domain name choyongpil.net. Complainant's name had attained the status of a common law mark... Held, Name Transferred to Complainant. [Commenced: 12 May 2000 Judgment: 19 June 2000]ommenced: May 2000 , Judgment: June 2000 394

Deutschebankag.net| - Read the case summary - Decision:
Domain name - Domain name dispute resolution policy - U.S. Trademark - German Trademark - Identical - Confusingly similar - Legitimate interest - Bad faith registration- Bad faith use - Unwarranted profits - Pattern of conduct.
Complainant was owner of registered trademarks for DEUTSCHE BANK in Germany and the United States and used several domain names containing the mark. Respondent registered several domain names all containing the said mark and then offered to sell them to the Complainant. Held, Names Transferred to Complainant There is no doubt that the domain names registered by the Respondent are confusingly similar to those registered and used by the Complainant. Respondent has not filed a response to the Complainant's allegations and does not appear to have any rights or legitimate interest in the domain names. [Commenced: 6 June 2000 -> Judgment: 9 August 2000]ommenced: June 2000 , Judgment: August 2000 395

Deutschebankerstrust.com| - Read the case summary - Decision:
Domain name - Domain name dispute resolution - Well-known mark - Acquisition of firm - Confusingly similar - No rights or legitimate interests - Bad faith registration and use - Intent to demand unwarranted profits.
Complainant has gained world-wide notoriety for its mark DEUTSCHE BANK, which it has used for decades. Recently, Complainant acquired Bankerstrust, which has its own homepage at BANKERSTRUST.COM. Respondent registered the domain name DEUTSCHE-BANKERSTRUST.COM. Complainant asks for transfer of the domain name. Respondent did not file a response. Held, Name Transferred to Complainant. [Commenced: 6 June 2000 -> Judgement: 11 August 2000]ommenced: June 2000 , Judgement: August 2000 396

Digifone.net| - Read the case summary - Decision:
Domain name - Domain name dispute resolution policy - Irish Trademark - Irish Service Mark - Identical - Confusingly similar - Legitimate interest - Bad faith registration - Bad faith use - Passing off - Intellectual property rights - Fraud.
Complainant was a provider of mobile telephone services in the Irish market and was the owner of the DIGIFONE trademark and service mark under Irish common law. Complainant also has a number of pending applications for registration of Irish trademarks which consist of, or incorporate, the mark DIGIFONE. Respondent, a former employee of the Complainant, registered the domain name, digifone.net. Held, Name Transferred to Complainant The domain name in dispute is identical or confusingly similar to a trademark or service mark in which the Complainant has rights. [Commenced: 3 July 2000 -> Judgment: 2 August 2000]ommenced: July 2000 , Judgment: August 2000 397

Digifonewap.com| - Read the case summary - Decision:
Domain name - Domain name dispute resolution policy - Irish Trademark - Irish Service mark - Confusingly similar - Legitimate interest - Bad faith registration - Bad faith use - Passing off - Significant reputation.
Complainant was a provider of mobile telephone services in the Irish market and was the owner of the DIGIFONE trademark and service mark under Irish common law. Respondent registered the domain name, digifonewap.com only two months after Complainant had made a service available using WAP technology. Held, Name Transferred to Complainant The domain name registered by the Respondent is confusingly similar to the trademark owned by the Complainant as the said domain name comprises of the Complainant's trademark plus a description of a service recently made available by the Complainant. [Commenced: 30 June 2000 -> Judgment: 1 August 2000]ommenced: June 2000 , Judgment: August 2000 398

Don-olson.com| - Read the case summary - Decision:
Domain name - Domain name dispute resolution - Use of service mark and trade name in conjunction with business - Confusingly similar - Root of business name - Cause customer confusion - Link to competitor site - No rights or legitimate interests - No evidence to refute - Bad faith registration - Bad faith use - Domain leased to competitor - Diversion of potential customers - Not known by domain names - No legitimate noncommercial or fair use - Preventing reflection of trade name or service mark.
Complainant owned and operated a business under the name DON OLSON TIRE AND AUTO CENTER. Complainant also used service mark and trade name DON OLSON in conjunction with another auto business. Respondent registered the domain name DONOLSON.COM, supposedly for a friend's personal website. Complainant asks for transfer of domain name. Held, Name Transferred [Commenced: 13 June 2000 -> Judgement: 18 July 2000] - Commenced: June 2000 , Judgement: July 2000 399

Donolson.com| - Read the case summary - Decision:
Domain name - Domain name dispute resolution - Use of service mark and trade name in conjunction with business - Confusingly similar - Root of business name - Cause customer confusion - Link to competitor site - No rights or legitimate interests - No evidence to refute - Bad faith registration - Bad faith use - Domain leased to competitor - Diversion of potential customers - Not known by domain names - No legitimate noncommercial or fair use - Preventing reflection of trade name or service mark.
Complainant owned and operated a business under the name DON OLSON TIRE AND AUTO CENTER. Complainant also used service mark and trade name DON OLSON in conjunction with another auto business. Respondent registered the domain name DONOLSON.COM, supposedly for a friend's personal website. Complainant asks for transfer of domain name. Held, Name Transferred [Commenced: 13 June 2000 -> Judgement: 19 July 2000]ommenced: June 2000 , Judgement: July 2000 400

Ereuters.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - U.S. Trade Mark - Cybersquatting - Confusingly similar - No Legitimate interests - No Bad faith registration - No Bad faith use - International sphere - No Pattern of Conduct.
Complainant is world famous for its news and information services and is the proprietor of a large number of trade mark registrations for its name and mark REUTERS. Complainant also owns the Domain Names, reuters.com, reuters.net, and reuters.org. Respondent registered the Domain Name, ereuters.com, on March 21, 2000. Following Respondent's registration of the Domain Name, Complainant's attorneys sent a letter to Respondent demanding an immediate transfer of the Domain Name to Complainant.... Held, Name Not Transferred to Complainant. [Commenced: 7 July, 2000 -> Judgment: 4 August, 2000]ommenced: July 2000 , Judgment: August 2000 401

Espns.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - ICANN Uniform Domain Name Dispute Resolution Policy - ICANN Rules - Forum's Supplemental Rules - United States Patent and Trademark Office - Multimedia sports information - Adult-only Website - Cease and desist - Typographical alterations - Bona fine offering of goods and services - Identical and/or confusingly similar - Legitimate rights or interests - Bad faith registration and use.
Complainant owns many U.S. registered trademarks containing the term ESPN, and is a well-known provider of multimedia sports information. Respondent registered the domain names, ESPNS.COM and ESPM.COM, which redirects Internet users to an adult website that is identical to the website located at ashleysplayground.com. Complainant sent Respondent an e-mail message requesting that Respondent cease and desist... Held, Domain Names ESPNS.COM and ESPM.COM cancelled. [Commenced: 26 June 2000 -> Judgment: 21 July 2000]ommenced: June 2000 , Judgment: July 2000 402

Fssr.com| - Read the case summary - Decision: 3-Sep-2000
Domain name -Domain name dispute resolution policy -U.S. Trademark- Logo - Protection of intellectual property - Identical - Confusingly similar - Rights - Legitimate interests - Domain name not in use - Bad faith registration - Bad faith use - Resell.
Complainant has registered the both FSSR mark and logo with the United States Patent and Trademark Office. Complainant contends that thousands of members use its Financial Strategies for Successful Retirement (FSSR) and that a considerable amount of resources have been spent protecting Complainant's intellectual property. Respondent registered the domain name fssr.com. Held, Name Transferred to Complainant. Not only is the domain name at issue identical to Complainant's registered FSSR mark, but it is also confusingly similar to the registered logo and non-acronym version of Complainant's registered marks. [Commenced: 6 July 2000 -> Judgment: 31 July 2000]Commenced: July 2000 , Judgment: July 2000 403

Golfsociety.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Golf - E-mail - Generic Term.
Complainant's subsidiary Golf Society of the US is a large dues paying association of golfers. It is the owner of Golf Society of the US, a trademark registered with the United States Patent and Trademark Office. It also has a pending trademark for "Golf Society Online". Respondent is Sites to Behold Ltd., an organization devoted to assist with the promotion of a golf society portal which would provide on-line services to golf societies everywhere. Resondent registered GOLFSOCIETY.COM. Held, Domain name not transferred. The disputed domain name is neither identical to nor confusingly similar to complainant's trademark. The trademark links together two generic words golf and society with a geographic entity, the United States. [Commenced: 7 June 2000 -> Judgement: 27 July 2000] ommenced: June 2000 , Judgement: July 2000 404

Gulasidorna.net| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - Default - Telecommunications - Swedish Trademark - Network Solutions - Identical - Confusingly similar - Bad faith registration - Bad faith use - Attract consumers.
Complainant is Telia InfoMedia Reklam AB, a Swedish corporation. The trademark "Gula Sidorna" was registered in Sweden in 1985 by Complainant a large and well-known telecommunications company in Sweden. Complainant uses this mark to publish and market directory services, primarily in Sweden, but also in other Nordic countries. Some of these services are offered via a web site at gulasidrona.se. Respondent is Eurocall Sverige AB, a Swedish corporation. Respondent operates a web site at the contested domain name which offers directory services that appear similar to those offered by Telia at its site gulasidorna.se... Held, Domain name transferred. [ Commenced: 13 June 2000. -> Judgement: 9 August 2000] - Commenced: June 2000 , Judgement: August 2000 405

Hechos.com| - Read the case summary - Decision: 3-Sep-2000
Domain name -Domain name dispute resolution policy -Trademark - Service Mark -Confusingly similar -Identical - Legitimate interest - Bad faith registration -Bad faith use -Exclusivity - Generic name - Abandonment.
Complainant is a Mexican corporation, and is the owner and registrant of trademarks and service marks including the word HECHOS. Respondent is a State of Georgia domestic nonprofit corporation which was incorporated for unstated reasons. Respondent registered the domain name hechos.com. HELD, Name Not Transferred. Complainant has not established that the name HECHOS is exclusively identified with its business. While the domain name hechos.com may be confusingly similar to Complainant's trademarks and services marks, the word hechos is a generic word and may be used by many others. Hechos is a Spanish word which could loosely be translated to mean doings, happenings, or events or news...[Commenced: 3 May 2000 -> Judgment: 9 June 2000] - Commenced May 2000 , Judgment June 2000 406

Icar.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - Italy - European Trademark - European Service Mark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Default - Continuous Use.
Complainant is an Italian corporation incorporated in Monza and manufactures electrical capacitors for sale internationally. Complainant owns the service mark "Icar" which coincides with the legal name of the Italian corporation Icar SPA since 1945. Complainant has trademark and service mark registrations in Europe. Respondent is ICAR, an entity of an unknown nature. When the Panel, through independent action, tried to access the website it was concluded that the website was inactive. Held, Domain name transferred. [ Commenced: 6 June 2000 -> Judgement: 18 July 2000]ommenced: June 2000 , Judgement: July 2000 407

Itelia.net et al.| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution - Registered trademarks - Worldwide use - Confusingly similar - Connection with trademark - Limited distinguishment between domain and trademark - Domains do not lead to website - Assumption by consumers that domain belonged to Complainant - No relations between Complainant and Respondent - Respondent not commonly known as TELIA or other names associated with domains - No bona fide goods or services - Deliberate registration because of similarity- Incorporation of registered trademark within domain name - Bad faith registration and use - Selection of domains because of trademark's recognition and use - Offer to transfer at amount greater than cost.
Complainant registered the trademark for TELIA, under which it operated business. Complainant was well-known around the world by its registered trademark... Held, Names Transferred to Complainant [Commenced: 4 July 2000 -> Judgement: 8 August 2000]ommenced July 2000 , Judgement August 2000 408

Jt.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution - Registered trademark - Worldwide recognition - Identical - No rights or legitimate interests - Registration for purposes of selling domain for profit - Registration and use in bad faith - Misleading public to believe connection between Complainant and Respondent.
Complainant identifies itself and its products with a JT logo. Complainant also owns trademark registration of JT for use in its cigarette business. This trademark has gained worldwide notoriety. Respondent registered the domain name JT.COM. Complainant made offers to purchase the domain from Respondent, who refused to transfer it for any sum. Complainant asks for transfer of the domain name in dispute. Held, Name Transferred The domain name in dispute is identical to Complainant's widely used logo. Complainant registered the trademark... [Commenced: 6 June 2000 -> Judgement: 24 July 2000]ommenced June 2000 , Judgement July 2000 409

Kidskitchen.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - Service mark - Trademark - Identical - Confusingly similar - Bad faith - Source - Sponsorship - Affiliation - Endorsement - Attract for Commercial Gain - Website uses same colours, typestyles, themes.
Complainant, Hormel Foods Corporation, holds the trademark Kids Kitchen. The mark is used in connection with various foods and a children's reading club program. Complainant contends that Respondent's use of the domain name is confusing not only because it is identical but also because the content of its website uses colours, typestyles, and a children%u2019s cooking theme virtually identical to that used by complainant and also uses Complainant's identical Mark as a service mark... Held, Name Transferred to Complainant. [Commenced: 29 June, 2000 -> Judgment: 31 July, 2000]ommenced June 2000 , Judgment July 2000 410

Knowwhatyouown.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate interest - Cyber squatting - Out-of-pocket cost.
The Complainant, Calvert Group, Ltd, is engaged in the business of managing the nation%u2019s first and largest family of socially responsible mutual funds. In conjunction with the Complainant's commitment to social responsibility they developed the Know What You Own brand. Complainant uses the mark in connection with advertising and its website. Respondent, Joseph Pagano, registered the domain name knowwhatyouown.com days before Complainant tried to do so and contends that he registered the domain name to coincide with the catch phrase he came up with for his business. Held, Name Transferred to Complainant. [ Commenced: June 29, 2000 -> Judgement: July 27, 2000]ommenced June 2000 , Judgement July 2000 411

Les-schwab.com et al.| - Read the case summary - Decision: 3-Sep-2000
Domain name - U.S. Trademark - Common law trademark - Cybersquatter- Identical - Confusingly Similar - Right and Legitimate Interest - Bad faith registration - Bad faith use - Hyphenated term - Default - Offer to sell - Ownership of other domains.
Complainant was owner of many U.S. and state trademark registrations containing the words LES SCHWAB for use in tire, battery and other automobile related services. Complainaint maintains the website lesschwab.com for sales and marketing its products and services. Respondent registered the domain names in question. Respondent called Complainant to sell les-schwab.com. Complainant refused. Two of the domain names in question redirect Internet users to the website of the Complainant's major competitors. Held, Name Transferred to Complainant. The domain names in question are identical... [Commenced: 22 June, 2000 -> Judgment: 15 July, 2000]ommenced June 2000 , Judgment July 2000 412

Loanmartusa.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - U.S. Trademark - Service trademark - Confusingly Similar - Right and Legitimate Interest - Bad faith registration - Bad faith use - Purpose of selling, renting, transferring for valuable consideration.
Complainant is owner of the service mark, LOAN MART, and is the originator of consumer loans. Respondent registered the domain name, LOANMARTUSA.com, and has never made a commercial use of the domain name in question. Held, Name Transferred to Complainant. Respondent's domain name is confusingly similar to Complainant's service mark. Respondent has no rights or legitimate interest in respect to the registered domain name. [Commenced: 7 July, 2000 -> Judgment: 24 July, 2000]ommenced June 2000 , Judgment July 2000 413

Maupintours.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution - Use of trade name and trademark in business - Long established interest and right by Complainant - Pending registration applications - Likelihood of confusion - Not commonly known by domain - No bona fide goods or services offered - Bad faith registration - Domain registered to sell or rent to Respondent - Intent to attract consumers for commercial gain by creating confusion - Plural form.
Complainant uses the trade name and registered trademark MAUPINTOUR to run its escorted tour and travel agency business. Complainant has other registration applications pending in respect to the mark. Complainant registered the domain name MAUPINTOUR.COM which it uses in conjunction with its business. Respondent registered the domain name in dispute MAUPINTOURS.COM. Complainant asks for transfer of domain name. Held, Name Transferred to Complainant [Commenced: 5 July 2000 -> Judgement: 3 August 2000] ommenced July 2000 , Judgement August 2000 414

Meteor.net| - Read the case summary - Decision: 3-Sep-2000
Domain Name - Domain name dispute resolution policy - Trading name - Brand name - Product name - Trademark - Service mark - Common English word - No legitimate interest - No demonstrable use of domain name - Commercial dealing in domain names.
Complainant asserts but has provided no evidence that the word METEOR was registered in Ireland as a trading name and that it intends using the name METEOR as its trading name, as a brand and/or product name, and as a service mark, in relation to goods and services it intends to provide. Complainant also asserts that there has been no demonstrable use of the domain name meteor.com by Respondent in the two years since it was registered, and that Respondent has shown no intention of developing a website associated with the domain name. Held, Name Not Transferred to Complainant. [Commenced: 15 June 2000 -> Judgement: 17 July 2000] - Commenced June 2000 , Judgement July 2000 415

Microsof.com| - Read the case summary - Decision: 3-Sep-2000
Domain Name - Domain name dispute resolution policy - Trademark - Service mark - Word mark - Formative mark - Identical - Confusingly similar - Bad faith registration - Bad faith use - No rights or legitimate interest - Unfair use- Disrupting competitor's business - Website deliberately designed to confuse Internet users and consumers - Domain name hijacking.
Complainant is the holder of a substantial number of trademark and service mark registrations on the Principal Register at the USPTO for MICROSOFT as a word mark and as formative marks. Complainant has registered and is using the domain names microsoft.com and microsoft.net. Respondent registered and is using the domain name microsof.com, a misspelled version of Complainant's domain name. Respondent used Complainant's homepage source code for significant parts of its own website... Held, Name Transferred to Complainant. [Commenced: 15 June 2000 - > Judgement: 21 July 2000]Commenced June 2000 , Judgment July 2000 416

Newportnews.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Illegitimate use - Trademark infringement - Factual showing - Legitimate business interest - Competition - Competitive advantage - Lanham Act.
Complainant is owner of trademark registrations for NEWPORT NEWS in association with women's clothing and mail order catalogues. Respondent registered the domain name NEWPORTNEWS.COM in connection with various Internet-related and e-commerce-based services, such as establishing and maintaining virtual city web-sites. Respondent states that one of the virtual city web-sites it is currently developing is for the city of Newport News, Virginia... Held, Name Not Transferred to Complainant [Commenced: 9 June 2000 -> Judgment: 18 July 2000]ommenced June 2000 , Judgement July 2000 417

Norvaplastics.com| - Read the case summary - Decision: 3-Sep-2000
Domain Name - Domain name dispute resolution policy - Trademark - Common Law mark - Identical - Bad faith registration - Bad faith use - No rights or legitimate interest - Legitimate noncommercial or fair use - Disrupting competitor's business - Purchase of competitors- domain names.
Respondent is the owner of Tidewater Plastics, Complainant's direct competitor. Respondent registered the disputed domain name, www.NORVAPLASTICS.com ,which is also Complainant's business name. Respondent explained to Complainant that he would sell it to him for about $80,000. Held, Name Transferred to Complainant. Respondent's domain name is identical to Complainant's trademark registered for and in use by Complainant. [Commenced: 06 July 2000 -> Judgement: 24 July 2000]ommenced July 2000 , Judgement July 2000 418

Parachute.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute Resolution Policy - U.S. Trademarks - Service Mark - Identical - Confusingly similar - Conflict or interfere with business or service mark - Exclusively identified - Precedes use of service mark name - Exclusive use of domain name - Bad faith use - Bad faith registration.
Complainant is the owner of the domain name PARACHUTE.COM in connection with its delivery services business. Respondent, owner of Parachute Computer Services, registered the domain name PARACHUTE.COM and uses it to offer services & products relating to computers and the Internet. Complainant who has attempted to purchase the domain name PARACHUTE.COM requests that said domain name be transferred from Respondent to Complainant although there is no evidence to show... Held, Name not Transferred to Complainant. [Commenced: 1 June, 2000 -> Judgment: 12 July, 2000]ommenced June 2000 , Judgment July 2000 419

Phharval.com et al.| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution - Common law trademarks - No response from Respondent - Infer Complainant's claims true - Confusingly similar Complainant's rights in marks Knowledge that domain names were misleading Intentional diversion of business - No rights or legitimate interests - Respondent not commonly known by domains - Inclusion of Complainant's marks in domains for profit - No intent to develop site - Bad faith registration - Domains registered same day as partnership announced - No intent for legitimate business use - Offer to sell a domain site for amount greater than out-of-pocket costs.
Complainant has common law trademarks in PHH that it uses in conjunction with its business. Complainant entered into partnership with another company to use the names ARVAL/PHH and PHH/ARVAL. This information was disseminated in a worldwide press release. Held, Names Transferred [Commenced: 5 June 2000 -> Judgement: 3 July 2000]ommenced June 2000 , Judgement July 2000 420

Philipberber.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Common Law Trade Mark - Confusingly similar - Legitimate interests - Bad faith registration - Bad faith use - Common law rights - Name of successful businessman - Website with photograph and article about Complainant - Domain name dealing %u2013 Respondent registered other famous businessmen's names - Pattern of conduct.
Complainant is a successful businessman who has a significant reputation in the field of electronic trading of stocks over the Internet. He has common law rights in his name. Respondent registered the Domain Name, PHILIPBERBER.COM, and attached a website to the Domain Name that contained a photograph of Complainant and a press article about his success. Held, Name Transferred to Complainant. [ Commenced: 7 July, 2000 -> Judgment: 8 August, 2000] - Commenced July 2000 , Judgement August 2000 421

Planexpress.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution - Registered trademark - Identical or confusingly similar - Unlimited application of domain name - No geographic or product restrictions - Rights or legitimate interests in domain name - Domain registered prior to trademark registration - No constructive notice - No knowledge of business - No knowledge of trademark - Development of website.
Complainant registered trademark PLAN EXPRESS. Respondent registered domain name at issue PLANEXPRESS.COM prior to Complainant's trademark registration. Respondent had begun to develop the website but stopped because of increasing costs. Respondent offered domain name for sale to Complainant for an amount less than development costs already spent. Complainant asks for transfer of domain name. Held, Name Not Transferred [Commenced: 16 June 2000 -> Judgement: 17 July 2000]ommenced June 2000 , Judgement July 2000 422

Posteel.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Trademark - Service mark registrations - Identical - Confusingly similar - right or legitimate interest in respect of domain name - bad faith registration - negotiating transfer of domain name for a premium - bad faith use.
Complainant is the owner of 5 trademark and service mark registrations for the mark POSTEEL in Korea. Although not authorised or licenced to use the Posteel mark, Respondent registered the domain name posteel.com. Complainant alleges that Respondent's domain name is identical and/or confusingly similar to its registered mark. Held, Name Transferred to Complainant The Posteel mark is widely known in Korea. It is clear that the domain name posteel.com is confusingly similar to the Posteel mark registered by the Complainant. [Commenced: 7 June, 2000 -> Judgment: 15 July, 2000]ommenced June 2000 , Judgement July 2000 423

Pricegrabbers.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - US Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Under construction - Failed Merger - Disrupting competitor.
Complainant was registrant of United States trademark, PRICEGRABBER.COM. Registrant registered the domain names, PRICEGRABBERS.COM and PRICGRABBERS.NET. Complainant is an online company in the business of assisting consumers find computers and electronic products based upon the consumers needs. A proposed merger between Complainant and PricePulse.com, a competitor of the Complainant, did not occur. Two months after discussions of the merger, PriceGrabber.com discovered that its name had been registered as a domain name with the only variation being the use of the letter... Held, Name Transferred to Complainant. [Commenced: 28 April 2000 -> Judgment: 5 June 2000]ommenced April 2000 , Judgement June 2000 424

Prozacpages.com| - Read the case summary - Decision: 3-Sep-2000
Domain name - Domain name dispute resolution policy - No formal response except for that by correspondence - Respondent claimed that others besides himself were using the domain name at issue without impunity - Domain name is generic -Respondent deliberately chose domain name with intent to attract viewers to his web site - Panelist's discretion as to weight of evidence - Famous and distinguishable trademark - Confusingly similar
Complainant has substantial reputation in its famous trademark Respondent tarnishing Complainant's reputation ... Held, Name Transferred to Complainant. [Commenced: 12 May 2000 ->Judgment: 26 June 2000]ommenced May 2000 , Judgment June 2000 425

Purecolour.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution - Contract to develop website - Domain Name Assignment Agreement - Identical - Domain name for business purpose - No rights or legitimate interests - No dispute - Bad faith - No transfer of domain to rightful owner - Domain moved to new server.
Complainant had state registration for its trade mark PURE COLOR and a federal registration pending. Complainant contracted with Respondent to have a website with the domain name PURECOLOR.com designed. Complainant wanted domain name transferred to their possession and contacted Respondent to have documents notarized for transfer. Respondent disconnected site and moved it to another server. Held, Name Transferred [Commenced: 19 June 2000 -> Judgement: 15 July 2000]ommenced June 2000 , Judgement July 2000 426

Quirkchevrolet.com et al.| - Read the case summary - Decision: 4-Sep-2000|CASE_ARCHIVES/ARCHIVE_Q

Domain Name - Domain name dispute resolution policy - Mark - Identical - Confusingly similar - Bad faith registration - Bad faith use - No legitimate interest - Disrupting competitor's business - Secondary marks & association- Common law trademarks - Unregistered trademarks - Free speech rights.
Respondent cancelled a purchase of a new automobile from Quirk Nissan and registered the five disputed domain names, QUIRK, QUIRK CHEVROLET QUIRK OLDSMOBILE, QUIRK KIA, QUIRK PREOWNED, and QUIRK WORKS TO SAVE YOU MONEY. Respondent created a website on which various materials were posted including a letter respondent had sent to Nissan Motor Corp. Complainant alleged that it owned and used the trademarks. Although they were not federally registered, Complainant claims them as common law trademarks. Held, Name Not Transferred to Complainant. [Commenced: 06 May 2000 -> Judgement: 11 July 2000]ommenced May 2000 , Judgement July 2000 427

Sampdoria.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Italian Trademark - U.S. Domain name - Identical - Confusingly similar - Rights or legitimate interest - Bad faith registration - Bad faith use.
Complainant is registrant of Italian trademark SAMPDORIA and the registrant of the domain names SAMPDORIA.NET and SAMPDORIA.ORG. Complainant also filed an American trademark registration for SAMPDORIA. The word SAMPDORIA is derived from the merger of Andrea Doria and the Sampierdarenese Sezione Calcio . Respondent registered the domain name SAMPDORIA.COM. Held: Name Not Transferred to Complainant The domain name at issue is identical to the Italian trademark SAMPDORIA. Respondent has not provided any evidence to demonstrate that it has rights or legitimate interests in respect of the domain name. [Commenced: 8 June 2000 -> Judgment: 17 July 2000] ommenced June 2000 , Judgement July 2000 428

Sandals-all-inclusive.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution - Complainant owns trademark - Use of trademark in conjunction with travel business - Trademark associated with hotels - Money spent to gain familiarity with public - Not identical or confusingly similar - Domain names identify Respondent as owner of website - Approved logo of Sandals - Inclusion of descriptive words not included in Complainant's trademarks - Trademarks claimed by Respondent - Legitimate commercial interest - Represents Complainant's products - Not competitor - Approved representative - Worked co-operatively with Complainant in past - No bad faith registration or use - Not prevented Complainant from registering domains incorporating trademark - No intent to sell - No disruption of business - No misdirection of Internet users - No creation of confusion.
Complainant owns trademark for SANDALS...Held, Names Not Transferred [Commenced: 6 June 2000 -> Judgement: 12 July 2000] - Commenced June 2000 , Judgement July 2000 429

Sandals-online.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate interest - Sandals - Respondent sells Complainant's services.
Complainant Gorstew was registrant of the trademark "sandal" for use travel and hotel services. Complainant Gorstew permitted trademark to be used with chain of hotels using the name Sandals Resorts. Complainant Unique provides marketing and reservation services for Sandals Resorts. Respondent, a travel agent selling Sandals Resorts vacation packages, registered the domain name sandals-online.com in 1999. Held, Name Transferred to Complainant Respondent's failure to dispute allegations of Complainant permits the inference that Complainant's allegations are true. [Commenced: 6 June 2000 -> Judgment: 3 July 2000] - Commenced June 2000 , Judgement July 2000 430

Sandals-vacations.com| - Read the case summary - Decision: 4-Sep-2000
Domain Name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - No legitimate interest - Disrupting competitor's business - Competing with competitor's business - Knowledge of Complainant's business.
Complainant (Gorstew) owns the trademark SANDALS for use in connection with various travel services and has permitted its trademark to be associated with a chain of all-inclusive hotels, Sandal Resorts. Complainant (Unique) serves as the worldwide representative for Sandals Resorts and provides marketing and reservation services. Complainant (Unique) has registered the only Internet sites authorized by Complainant (Gorstew), sandalsresorts.com and sandals.com. Respondent is a retail travel agent which sells Sandals Resorts vacation packages... Held, Name Transferred to Complainant. [Commenced: 07 June 2000 -> Judgement: 03 July 2000] ommenced June 2000 , Judgement July 2000 431

Sandalsjamaica.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - Jamaica - U.S. Trademark - U.S. Service Mark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
The Complainants' base the complaint upon the service mark and trademark SANDALS, U.S. Service Mark for "SANDALS". Complainant, Gorstew, has permitted the use of the mark in connection with a chain of all-inclusive couples-only hotels under the business name Sandals Resorts. Complainant (Unique) is the worldwide representative for Sandals Resorts, providing marketing and reservation services. Complainant (Unique) owns the domain name SANDALSRESORTS.COM and SANDALS.COM. Respondent is a travel agency in San Diego that sells the vacation packages of Sandals Resorts. It advertises the Sandals Resorts in newspapers, mailings, window displays, etc. Held, Domain name transferred. [Commenced: 30 May 2000. Judgement: 6 July 2000.]ommenced May 2000 , Judgement July 2000 432

Sandalsvacation.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate interest - Sandals - Respondent sells Complainant's services.
Complainant Gorstew was registrant of the trademark "sandal" for use travel and hotel services. Complainant Gorstew permitted trademark to be used with chain of hotels using the name Sandals Resorts. Complainant Unique provides marketing and reservation services for Sandals Resorts. Respondent, a travel agent selling Sandals Resorts vacation packages, registered the domain name sandalsvacation.com in 1999. Held, Name Transferred to Complainant Respondent's failure to dispute allegations of Complainant permits the inference that Complainant's allegations are true. Respondents failure to respond also leads to the inference that Respondent knows that its website is misleading... [Commenced: 6 June 2000 -> Judgment: 3 July 2000]ommenced June 2000 - Judgement July 2000 433

Sandalsvacations.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Legitimate interest - Sandals - Respondent sells Complainant's services.
Complainant Gorstew was registrant of the trademark "sandal" for use travel and hotel services. Complainant Gorstew permitted trademark to be used with chain of hotels using the name Sandals Resorts. Complainant Unique provides marketing and reservation services for Sandals Resorts. Respondent, a travel agent selling Sandals Resorts vacation packages, registered the domain name sandalsvacations.com in 1999. Held, Name Transferred to Complainant Respondents failure to dispute allegations of Complainant permits the inference that Complainants allegations are true. Respondents failure to respond...[Commenced: 6 June 2000 -> Judgment: 11 July 2000]ommenced June 2000,Judgment July 2000 434

Sappi.net et al.| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - Identical - Confusingly similar - No rights or legitimate interests - Bad faith registration - Bad faith use - No bona fide offering of goods or services - History of acquiring names for sale to Trademark holders - Offer to sell for amount in excess.
Complainant owns the site SAPPI.COM, has filed trademark applications for the trademarks SAPPI and SAPPI LTD and has registered its mark in many other countries. Complainant has used the mark in commerce since 1962 in connection with goods and services provided by Complainant. Respondent, a business operator, registered the domain names in issue, SAPPI.NET and SAPPI.ORG. Complainant rejected Respondents offer to sell the domain name and Complainants counteroffer.... Held, Names transferred to Complainant [ Commenced: 25 May, 2000 Judgment: 26 June, 2000]ommenced May 2000 and Judgement July 2000 435

statefarminsurance.com et al.| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant was registrant of United States trademark, STATE FARM. Registrant registered the domain names STATEFARMINSURANCE.COM and STATEFARMCUSTOMERSERVICE.COM. Complainant is a nationally know company that has been doing business under the name State Farm since 1930. For over 70 years, Complainant has expended substantial time, effort and funds to develop the goodwill associated with the name State Farm. Held, Name Transferred to Complainant. The domain names STATEFARMCUSTOMERSERVICE.COM and STATEFARMINSURANCE.COM, are confusingly similar to the trademark and registered and used by Complainant, STATE FARM. [Commenced: 25 April 2000 -> Judgment: 1 June 2000] ommenced April 2000 , Judgement June 2000 436

Statefairoftexas.com et al.| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - U.S. Trademarks - Identical - Legitimate interest - Bad faith registration - Bad faith use - Passive holding - Respondent was independent contractor for Complainant.
Respondent registered domain names STATEFAIROFTEXAS.COM and TEXASSTATEFAIR.COM while working as an independent contractor for Complainant. Complainant was owner of United States and Texas trademarks for State Fair of Texas and Texas State Fair. Held, Name Transferred to Complainant. Respondent registered domain names that were clearly identical to Complainants registered marks. The addition of the domain name level designation <.COM> does not affect the domain name for the purpose of finding it identical or confusingly similar to a registered trademark. [Commenced: 28 June 2000 -> Judgment: 25 July 2000]ommenced June 2000 - Judgement July 2000 437

Step2.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - No rights or legitimate interests in domain - Registration of domain name with intent to sell - Cybersquatting - Bad faith registration - Trade mark - Identical - Confusingly similar - Elimination of spaces inconsequential Addition of .COM inconsequential. Procedure Reasonable opportunity to respond - Default by Respondent.
Complainant is an Ohio company carrying on business under the name The Step2 Company and owns several trade marks in the U.S. and abroad using Step2 or Step 2. Respondent registered STEP2.COM and offered it for sale on GREATDOMAINS.COM for $100,000.00. Respondent contacted Complainant offering to sell the domain, telling the complainant to name your price. Held, Name Transferred to Complainant. [Commenced: 15 May 2000 -> Judgment: 26 June 2000]ommenced May 2000 , Judgement June 2000 438

Sting.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - Identical - United States - Owned - Registered Trademark - Service mark - Famous - Unregistered mark - Common law mark - Personal Name - Common word - English language - Multiple meanings - Rights - Legitimate interest - Nickname - Undistinctive - Bad faith registration - Bad faith use -Burden of proof -Domain pointer.
Complainant, a world famous musician known by the mark Sting alleges that this mark is entitled to protection against dilution by Respondents registration and usage of the domain name sting.com. HELD, Name Not Transferred to Complainant. The Uniform Policy is not limited to registered marks or marks owned by Complainant but can apply to unregistered or common law marks as well as marks in which Complainant has rights. The Panel through the equivalent of taking judicial notice finds Complainant to be a world famous entertainer... [Commenced: 20 June 2000 -> Judgment: 24 July 2000]110|Commenced June 2000 - Judgement July 2000 439

Surestore.com et al.| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution - Registered trademark - Trademark infringement - Claims of damage to business, reputation, goodwill - No response to complaint - Identical - No rights or legitimate interests - Not commonly known by mark - No offering of bona fide goods or services - No legitimate noncommercial or fair use - No intentions of using domain name - Bad faith registration - Knew or should have known about mark and competing business of Complainant - Purpose of disrupting Complainants business - Passive holding of domains.
Complainant owned registered trademark for SURESTORE, which it used in conjunction with its electronic data storage and mass memory systems and mechanisms for computers. Respondent registered the domain names SURESTORE.COM and SURESTORE.NET... Held, Names Transferred [Commenced: 5 July 2000 -> Judgement: 31 July 2000]ommenced July 2000 , Judgement July 2000 440

Taxpay.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - Consulting - U.S. Trademark - U.S. Service Mark - BulkRegister - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainant Paychex., Inc. is a Delaware corporation which provides payroll preparation consulting services to small to medium size businesses. Complainant began using the service mark TAXPAY in connection with the sale of its services in February, 1989. On January 21, 1992, the United States Patent and Trademark Office registered the TAXPAY mark, which remains in full force and effect. Respondent is apparently in the business of registering and selling domain names. Respondent is not known by the name TAXPAY and is not engaged in any business or other pursuit commonly known by the name TAXPAY. Respondent originally registered the domain name Taxpayer.com.. Held, Domain name transferred. [Commenced: 11 July 2000 -> Judgement: 26 July 2000]on|Commenced July 2000 , Judgement July 2000 441

Tiba.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - United States - Trademark - Service mark - Identity - Legitimate interests - Borders - Bad faith registration - Bad faith use - Broker - Offer of Sale - Greatdomains.com - City directory - Trademark not international .
Complainant had registered the United States trademarks and service marks tiba and tiba vita. An Arabic translation of the name tiba relates to an ancient Egyptian capital city, now known as Luxor. Respondent, a resident of Luxor, obtained the domain name in question to operate a website about the city. Respondent has parked the domain and is offering it for sale through a broker, GreatDomains.com. HELD, Name Not Transferred to Complainant. Complainant has demonstrated the identity of the domain name and its trademark. Complainant was unable to show that Respondent had an illegitimate interest. [Commenced: 28 May 2000 -> Judgment: 29 June 2000]ommenced May 2000 , Judgement June 2000 442

Universityofalberta.com et al.| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly similar - Late response - Addendum to complaint - No legal right is no legitimate right - Presumption of bad faith where respondent is in business of speculation regardless of use.
Complainant is the owner of the trademark University of Alberta. Respondent registered ALBERTAUNIVERSITY.COM, UOFALBERTA.COM, UNIVERSITYOFALBERTA.COM, AND ALBERTAU.COM. Complaints were only registered against the last two. Respondent filed response late but was accepted, addendum to complaint adding missing domain names was not. Respondent is in the separate business of domain name speculation and creating a site for university students. Held, Name Transferred to Complainant. The late response was accepted because the response was only one day late... [Commenced: 3 May 2000 -> Judgment: 22 June 2000] - Commenced May 2000 , Judgement June 2000 443

Valigen.org| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - Cybersquatter - Trademark - Service mark - Identical - Confusingly similar - Elimination of a letter - Rights - Legitimate interests - Multiple pseudo-names - Bad faith registration - Bad faith use Merger - Passive Holding.
Complainant owns the U.S. service mark registration and application for the marks valgene and valigen, respectively. Complainant, the owner of the domain name valigen.com, alleges Respondent, the registrar of the domain name valigen.org is a cybersquatter. Held, Name Transferred to Complainant. The domain name at issue valigen.org is identical to Complainants valigen mark. It is also confusingly similar to Complainants registered mark valigene as the elimination of the letter 'e' does not diminish Complainants rights in the mark. [Commenced: 6 July 2000 -> Judgment: 1 August 2000]Commenced July 2000,Judgement August 2000 444

Veuveclocquot.com et al.| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution - World famous mark - Confusion by public - Dilution of trademark - No rights or legitimate interests - Bad faith registration - No evidence of good faith use - Pattern of behaviour - Transfer of domain name - Redirection of traffic.
Complainant owns trademark for VEUVE CLICQUOT and sells champagne under this trademark worldwide. The domain names in question were transferred from Respondent Reynald Katz to Respondent Intercosma shortly after Complainant contacted Respondent Reynald Katz. Complainant asks for transfer of domain names in dispute to their possession. Respondent provided no response to proceedings at hand. Held, Names Transferred to Complainant. The domain names in dispute are identical to Complainants registered trademark. [Commenced: 22 May 2000 -> Judgement: 19 July 2000]ommenced May 2000 , Judgment June 2000 445

Victoriasecret.net| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - No Response - US Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use.
Complainants were registrant of United States trademark and service mark, VICTORIAS SECRET. Respondent registered the domain name VICTORIASECRET.NET. Held, Name Transferred to Complainant. The domain name VICTORIASECRET.NET is identical or confusingly similar to the trademark and service mark registered and used by Complainants, VICTORIAS SECRET. The only difference is the deletion of the possessive 's' from the Complainants registered mark. Respondent has not shown any evidence of any rights or legitimate interest in the domain name. [Commenced: 28 April 2000 -> Judgment: 8 June 2000]Commenced April 2000 , Judgement June 2000 446

Wirenet.com| - Read the case summary - Decision: 4-Sep-2000
cDomain name - Domain name dispute resolution policy - Trademark - Identical - Confusingly Similar - Addition of suffix - Rights - Legitimate interest - Misleading information - Confusion - Bad faith registration - Bad faith use.
Complainant owns the registered trademark 'wirenet'. Respondent registered the domain name wirenet.com. HELD, Name Transferred to Complainant. Because Respondent did not respond to Complainants assertions, reasonable inferences of fact in the Complainants assertions will be deemed true. The Panel finds wirenet.com to be identical to Complainants registered mark wirenet because the addition of a net or com suffix to the domain name does not affect this determination. [Commenced: 20 June 2000 -> Judgment: 17 July 2000] - Commenced June 2000 - Judgement July 2000 447

Wwwbankofamerica.com| - Read the case summary - Decision: 4-Sep-2000
Domain name - Domain name dispute resolution policy - Domain name pirate - U.S. Trademark - Confusingly similar - Typing error - Rights - Legitimate interests - Domain pointer - Bad faith registration - Bad faith use.
Complainant owns both U.S. registered trademark for the mark 'Bank of America' and the domain name bankofamerica.com. Respondent registered the domain name wwwbankofamerica.com. Held, Name Transferred to Complainant. The domain name at issue is confusingly similar to Complainants mark. The removal of the period between www and the domain name takes advantage of a typing error typically made by Internet users when performing searches. [Commenced: 5 July 2000 -> Judgment: 1 August 2000] ommenced July 2000 , Judgement August 2000 448

Yanni.com| - Read the case summary - Decision: 4-Sep-2000
Domain name-Domain name resolution policy-Cybersquatting-Bad faith-Diversion of business-Identical-Confusingly similar-Rights and legitimate interests-Definition of right and legitimate interest.
Complainant is an international musical performer professionally known as Yanni. Complainant has used the Yanni mark commercially since 1979 and has registered the mark with the US Patent and Trademark office. Complainant learned of registration of disputed domain name YANNI.COM by Respondent when Respondent offered to sell disputed domain name to Complainant or intermediary Virgin Records. Held: Domain Name Transferred to Complainant. The disputed domain name is virtually identical to Complainants mark. Respondent offers no evidence that he had any rights or legitimate interests to the disputed domain name. [Commenced 28 June, 2000 -> Judgement: 2 August, 2000]ommenced June 2000 - Judgement August 2000 475

Alaskaairlines.net| - Read the case summary - Decision: 7-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Trademarks - Identical - Confusingly similar - No rights - No legitimate interest - Bad faith registration - Bad faith Use.
Complainant was owner of five United States trademark registrations for ALASKA AIRLINES, both with and without designs and stylization. Respondent registered the domain name, alaskaairlines.net. Respondent had not used domain name, but was "willing to consider all reasonable offers" from Complainant. Held, Name Transferred to Complainant. It is clear that the domain nameALASKAAIRLINES.NET is identical or confusingly similar to the trademark registered and used by Complainant, ALASKA AIRLINES. - [Commenced: 14 April 2000 -> Judgement: 17 May 2000 ] - Yes legitimate interest 476

Anneofgreengables.com| - Read the case summary - Decision: 7-Oct-2000
Well-known mark in Canada- Respondent aware of Complainants registrations for mark- Registered domain name in bad faith- Undermine Complainants interests- Primary purpose to develop a tourism web site devoted to tourism to Prince Edward Island- Virtually identical- No legitimate interest or use- Bad faith- ICANN Uniform Dispute Resolution Policy.
Complainant is the owner of several trademark and service mark registrations throughout the world for the mark ANNE OF GREEN GABLES. Complainant contends that it is the exclusive owner of the licensing rights to the well-known mark and that it is owner of several trademark and service mark registrations throughout the world for the mark. Complainant further contends that Respondents predecessor registered ANNEOFGREENGABLES.COM in bad faith. Held, Domain Name Transferred to Complainant. [Commenced: 25 February 2000 -> Judgment: 12 June 2000 ] - Commenced: 25 February 2000 477

Ccom.com| - Read the case summary - Decision: 7-Oct-2000
Domain name - Domain name dispute resolution policy - identical mark - top level domain name - second level domain name - no rights or legitimate interests - bad faith registration - bad faith use - Passive Use - Dissent.
Complainant is in the business of communications services in connection with telephone calling and Internet access services and registered the trade name "C-Com" on January 21, 1997. Respondent registered the domain name on August 14, 1997 to reserve for itself a generic domain name that combines the letter 'c,' as a short-hand description for 'relating to computers,' and the top level domain 'com,' as an abbreviation for communication and commercial. HELD: Name Transferred to Complainant. Per Donahey and Terry: The Respondent failed to produce evidence sufficient to rebut Complainant's allegations. [Commenced: .... 2000 Judgement: 18 May 2000]Judgement: 18 May 2000 478

Euro2000..com| - Read the case summary - Decision: 10-Oct-2000
Domain name - Domain name dispute resolution policy - Res judicata - Trademarks - Trademarks not registrable in one or more jurisdictions - Decision emanating from a judicial authority does not terminate a proceeding under Paragraph 18(a) - Panel retains large scope of discretion under Paragraph 18(a) and each decision from a judicial authority should be considered on a case by case basis.
UEFA asked the Paris Court to order that the Respondent cease the use of the domain name euro2000.com, the latter being an infringement of both the "famous brand name" EURO 2000. UEFA demands were dismissed, the court having concluded that UEFA is not the owner of a "famous brand name" EURO 2000 in France and that international trademark registration is not infringed by Respondent's current use of the domain name euro2000.com. Held, Name Not Transferred to Complainant. [Commenced: 3 April 2000 -> Judgment: 5 July 2000 ] 479

Glenmaura.com et al.| - Read the case summary - Decision: 10-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - U.S. Domain name - Identical - Confusingly similar - Rights or legitimate interest - Bad faith registration - Bad faith use - Selling in excess - Domain name has no meaning or siginficance outside that of a trademark.
Complainant is owner of trademark registrations for GLENMAURA and GLENMAURA NATIONAL in association with real estate marketing. Respondent registered the domain names GLENMAURA.COM and GLENMAURANATIONAL.COM. Respondent has no active Web sites for these domain names, only temporary pages. Respondent maintains his intent was to use the subject domain names for legitimate, non-commercial social commentary. Held: Domain Name Transferred [Commenced: 14 April 2000 - > Judgment: 30 June 2000 ] 480

Golfwarehouse.com| - Read the case summary - Decision: 10-Oct-2000
Domain name - Domain name dispute resolution policy - Identical - Not Confusingly similar - Legitimate interest - No Bad faith registration - No Bad faith use.
Respondent registered domain name www.golfwarehouse.com July 7, 1997 and launched a web site for on-line sales of custom-made golf clubs in August 1997. Complainant registered domain name www.thegolfwarehouse.com September 29, 1997 and launched an on-line golf store. In interim Respondent web site has been suspended and redefined to sell various golf products. Held, Name Not Transferred to Complainant. Complainant failed to establish any of the three elements necessary to prevail. Complainant failed to establish that it had a trade or service mark in its name. If any confusion occurred due to the nearly identical names, Complainant caused this confusion...[ Commenced: 12 April 2000 Judgment: 9 May 2000 ] 481

Luisvuitton.com| - Read the case summary - Decision: 10-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - European Trademark - Identical Pronunciation - Confusingly similar - Bad faith registration - Bad faith use - Valuable Consideration in Excess of Out of Pocket Costs - World famous names - World famous marks - Well known marks.
Complainant was registrant of trademark Louis Vuitton with United States, the European Community, and 96 additional countries. Marks have been used for Complainants enterprise and activities. Complainant owns the domain name vuitton.com. Respondent registered the domain name, luisvuitton.com. Held, Name Transferred to Complainant. The domain name registered by Respondent is confusingly similar to the trademark names and domain name of Complainant. [Commenced: 22 May 2000 -> Judgment: 7 July, 2000 ] 482

Mahindra.org et al.| - Read the case summary - Decision: 10-Oct-2000
Domain name - Domain Name Dispute Resolution Policy - Trade Marks - Service Mark - Extensive use of trade marks - Associated exclusively - Identical - Confusingly Similar - No right or legitimate interest - Registered and used in bad faith.
Complainant, a well-known manufacturer and exporter of tractors and utility vehicles, is the owner of several Indian, U.S. and Community trade marks under the name MAHINDRA. Respondent registered the domain names Mahindra.org and Mahindra.net and plans to use them as possible free email websites. Respondent has previously shown an interest in transferring the domain names to the Complainant for a specified sum. Held, Name Transferred to Complainant. Since Complainants registered trade marks are for the name MAHINDRA, Respondents domain names are legally identical to the said trade marks. [Commenced: 11 April, 2000 -> Judgment: 18 May, 2000] 483

Myinfospace.com| - Read the case summary - Decision: 10-Oct-2000
Not aware of Complainant or its web site when registered- Constructive notice of its trademarks- Site is not commercial and no outside sponsors- Purpose of trading on Complainant%u2019s name and mark- Identical or confusingly similar- No rights or legitimate interests- Registered and used in bad faith- U.S. Anti-Cybersquatting Consumer Protection Act- Legitimate noncommercial use- ICANN Uniform Domain Name Dispute Resolution Policy.
Complainant is a provider of internet content and has registered the domain name INFOSPACE.COM and operates a web site at that address. Complainant is also the owner of several U.S. registrations and applications for the INFOSPACE mark. Respondent operates an educational web page about outer space at MY INFOSPACE.COM. Held, Domain Name Not Transferred to Complainant. [Commenced: 17 February 2000 -> Judgment: 1 May 2000 ] 484

Nadca.org| - Read the case summary - Decision: 10-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - Identical - Bad faith registration - Bad faith use - Alleged Reverse Domain Name Hijacking.
Complainant was registrant of two United States service marks related to the acronym NADCA. Respondent registered the domain name, nadca.org. - Held, Name Transferred to Complainant. It is clear that the domain name is identical to the registered service mark of Complainant with the exception of the .org. Respondent has no rights or legitimate interests in the domain name. Whether other organizations have an independent legitimate interest in a domain name is irrelevant to whether Respondent has a legitimate interest in it. [Commenced: April 27, 2000 -> Judgment: July 6, 2000] 485

Netvault.com| - Read the case summary - Decision: 10-Oct-2000
Domain name - U.S. Trademark - U.S. Service mark - Confusingly similar - Identical - Bad faith registration - Bad faith use - Panel requesting more information from Respondent - Respondent refusing to provide information beyond filed Response - Respondent offering to sell domain name for $100 000.
Complainant's predecessor company is Willow Ltd. AT&T filed an application for the mark NETVAULT for data backup related software in 1991. AT&T then entered into a partnership with Willow Ltd. to combine the two softwares of the companies. Complainant was assigned the trademark in 1997 and continues the trademark registration. Respondent registered the domain name netvault.com in 1996. Held, Name Transferred to Complainant. After receiving the Response, the Panel requested more information from Respondent. [Commenced: 1 March 2000 -> Judgement: 19 July 2000] 486

Royalheirs.com| - Read the case summary - Decision: 10-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - U.K. Trademark - Bad faith registration - Bad faith use - Cybersquatting.
Complainant was registrant of United States trademark and United Kingdom trademark Royal Heirs. The name Royal Heirs is the brand name of a high-end bath line. Registrant registered the domain name royalheirs.com. Complainant alleged that the respondent cybersquatted the name royal heirs. Respondent registered the name royalheirs.com after the brand name Royal Heirs was passed on to him by an employee of Complainant. Respondent then offered to sell the domain name to the complainant. Respondent admits that he does not own a trademark on the name www.royalheirs.com, that he has no intention of developing a web site at royalheirs.com and does not need he domain name. Held, Name Transferred to Complainant.[Commenced: 17 April, 2000 -> Judgement: 15 June, 2000] - 487

Somnoplasty.com| - Read the case summary - Decision: 10-Oct-2000
Domain name - Domain Name Dispute Resolution Policy - Service mark - Trademark - No rights or legitimate interests in domain name - Identical - Confusingly similar - Extortion - In excess of out-of-pocket costs - Likelihood of confusion - Initial Interest confusion - Consumer confusion - Misappropriation of goodwill - bona fide offering of goods and services - bad faith use - bad faith registration.
Complainant is the owner of the U.S. service mark and trademark SOMNOPLASTY and uses the name in connection to the sale of medical services and devices relating to the treatment of sleep disorders. Respondent, a customer of Somnus, registered the domain name SOMNOPLASTY.COM and uses it to promote his services in performing the SOMNOPLASTY procedure... Held, Name Transferred to Complainant.[Commenced: 10 April, 2000 -> Judgment: 3 July, 2000] 488

wwwnationalenquirer.com| - Read the case summary - Decision: 10-Oct-2000
Extend commencement date of proceeding- Respondent additional time to file response- Pornographic tabloid for men- Violated trademark rights- Domain name in question was changed to link to another web page- Request that technical contact disable web page- ICANN Domain Name Dispute Resolution Policy- No response from Respondent- Identity or confusing similarity- Rights or legitimate interest- Bad faith- Attract for commercial gain- No web page currently operating at the web site in dispute- Material difference.
Complainant registered the domain name %NATIONALENQUIRER.COM on April 14, 1996 and has since published a world wide web version of the National Enquirer newspaper found at the NATIONALENQUIRER.COM domain name. Respondent registered the domain name WWWNATIONALENQUIRER.COM for two years from March 1, 1999... Held, Domain Name Transferred to Complainant. [Commenced: 25 February 2000 -> Judgment: 12 June 2000] 490

Armaniexchange.net| - Read the case summary - Decision: 14-Oct-2000
Domain name - Domain name dispute resolution policy - U. S. Trade mark - U. S. Domain name - International Trade mark - Italian Trade mark - Identical - Confusingly similar - Rights or legitimate interests - Bad faith registration - Bad faith use - Rule 12.
Complainant is owner of several international trade marks for ARMANI and AX ARMANI EXCHANGE in association with clothes, glasses, and perfumes. Respondent registered the domain name ARMANIEXCHANGE.NET. Held: Name Not Transferred to Complainant. It is clear that the domain name ARMANIEXCHANGE.NET is confusingly similar and identical to Complainants trademarks. There is little doubt that the domain name in question is fully capable of raising a likelihood of confusion with either trademark AX ARMANIEXCHANGE or ARMANI. [Commenced: 13 June 2000 -> Judgment: 13 August 2000] 491

Athletesworld.com et al.| - Read the case summary - Decision: 14-Oct-2000
Domain name - Domain Name Dispute Resolution Policy - Registered trademarks - Trademark applications - Identical - Confusingly similar - Likelihood of confusion - No rights or legitimate interest in respect of domain name- Bad faith use - Bad faith registration - valuable consideration in excess of out-of-pocket expenses - misleadingly divert consumers - disrupting the business of competitor.
Complainant is the owner and user of the trademark Athletesworld and is engaged in the business of manufacturing and distributing footwear products in Canada and internationally. Respondent who is registrant of the domain names athletesworld.com and Athletes-world.com, does not carry any business activities related to these domains which are inactive. Complainant has previously requested the transfer of the domain names from the Respondent... Held, Names Transferred to Complainant. [Commenced: 5 June, 2000 -> Judgment: 23 July, 2000] 492

Baileysirishcream.com| - Read the case summary - Decision: 14-Oct-2000
Domain name - Domain name dispute resolution policy - Jurisdiction of ICANN - U.S. Trademarks - Confusingly similar - No rights or legitimate interests - Bad faith registration - Bad faith use - Ignorance of mark.
Complainant owns the trademark for BAILEYS and/or BAILEYS IRISH CREAM in many other countries, including the USA. Respondent registered domain name www.baileysirishcream.com. Web site at domain name at issue was in use but was blank. Complainant issued cease and desist letter objecting to Respondents use. Upon receipt of letter, Respondent offered to sell site to Complainant. Held, Name Transferred to Complainant. Respondent registered domain name at issue prior to enactment of ICANN policy. The Panel did not have jurisdiction to decide the constitutionality of retroactive application. Respondent reserved the right under ICANN policy to challenge jurisdiction...[ Commenced: 12 May 2000 -> Judgment: 4 July 2000 ] 493

Bandondunes.com| - Read the case summary - Decision: 14-Oct-2000
Domain name - Domain name dispute resolution policy - Legitimate interest %u2013 Bad faith registration - Bad faith use - Identical - Confusingly similar - U.S. Service mark - Jurisdiction - Procedure - Survey evidence - Parody - Fair use - Satire - Cybersquatting - Bandon dunes.
Complainant was owner of United States service mark registration for the mark BANDON DUNES for use with golf courses and services. The registration was filed in June 1999 and issued in March 2000. The earliest published use of the mark was in late 1998. Respondent registered the domain name bandondunes.com in October 1999. HELD, Name Transferred to Complainant Despite some imprecision as to the correct name of Respondent, the Panel is satisfied that all necessary parties having possible rights in this dispute have been given notice and have appeared. [ Commenced: 19 May 2000 -> Judgment: 13 July 2000 ] 494

Basshotels.com | - Read the case summary - Decision: 14-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - Confusingly similar - Legitimate interest - Bad faith registration - Bad faith use - Sexually explicit websites.
Complainant was the registrant of United States service mark, "Bass Hotels & Resorts", and of domain name www.basshotels.com. Respondent registered domain name www.basshotel.com. Respondent used the domain name at issue to resolve to a web site that offered links to pornographic sites. Upon Complainants request, Respondents web hosting company shut down Respondents web site prior to the action. Held, Name Transferred to Complainant. The domain name at issue is confusingly similar to Complainants service mark Bass Hotels and Resorts and Complainants domain name www.basshotels.com. Respondent had no rights or legitimate interest in the domain name. [ Commenced: June 15, 2000 -> Judgment: August 7, 2000 ] 495

Bentley2000.com et al.| - Read the case summary - Decision: 14-Oct-2000
Domain name - Domain name dispute resolution policy - Legitimate interest - Bad faith registration - Bad faith use - Identical - Confusingly similar - U.S. Trademark - Rolls-Royce and Bentley - Sufficient Evidence - Complaint Does Not Set Out Full Argumentation.
Complainant was owner of United States trademark registrations for the marks ROLLS-ROYCE and BENTLEY. Respondent registered the domain names rolls-royce.org and bentley2000.com. HELD, Name Transferred to Complainant Although the Complaint does not fully set out argumentation with respect to all three elements of paragraph 4(b) of the Policy, the Panel is of the view that the record contains sufficient evidence of each of the three elements. The domain names bentley2000.com and rolls-royce.org are, in the first instance, confusingly similar, and in the second, identical to trademarks in which the Complainant has rights. [ Commenced: 19 May 2000 -> Judgment: 30 June 2000 ] 497

Cashuntilpayday.com| - Read the case summary - Decision: 16-Oct-2000
Domain Name - Domain name dispute resolution policy - Confusingly similar - No rights or legitimate interests - bad faith - Respondent not responding to complaint -Paragraph 2(e) of Uniform Rules
Complainant provides consumers with small payday loans using its registered mark CASH UNTIL PAY DAY and CASH TIL PAYDAY and uses the domain name cashtilpayday.com to market its services on the Internet. Respondent registered the domain name CASHUNTILPAYDAY.COM to market short term consumer loans. Held, Name Transferred to Complainant Respondents domain name is identical to Complainants pseudo mark, except for the addition of the domain name level designation .com. The domain name is not a designation by which Respondent is commonly known and was registered to divert Internet consumers and capitalize on Complainants established mark. Respondent has no rights or legitimate interests in the domain name. [Commenced: 12 June 2000 -> Judgment: 18 July 2000] 498

Corinthians.com| - Read the case summary - Decision: 16-Oct-2000
Domain name - Domain name dispute resolution policy - Brazilian Trademark Identical - Confusingly similar - Bad faith registration - Bad faith use - Valuable Consideration in Excess of Out of Pocket Costs - Well known marks- Generic marks - Biblical association - Phonetics - Jurisdiction of ICANN Proceedings.
Complainant was exclusive licensee of CORINTHIAO trademark rights through Brazilian registrations and/or applications from popular and well-known Corinthians soccer club. Marks have been used by Corinthians or its predecessors in interest continuously in international commerce since 1990. Respondents registered the domain name, corinthians.com. Respondents posted biblical texts on a Web site using the domain name. Complainant alleged bad faith use on the basis that no active website existed at the time the notice letter was sent... Held, Name Transferred to Complainant.[Commenced: 30 May 2000 -> Judgment: 17 July, 2000] 499

Barcelona.com| - Read the case summary - Decision: 17-Oct-2000
Domain name - Domain name dispute resolution policy - Spanish trademarks - Confusingly similar - No rights - No legitimate interests - Bad faith registration - Bad faith use - Reverse domain name hijacking - Geographic names.
Respondent registered domain name in 1996. Complainant, Barcelona City Government, held over one thousand trademarks incorporating Barcelona. Complainant had applications pending in Spain for trademark registration of first level domain names, including . Held, Name Transferred to Complainant. Complainants trademarks consisted of two elements. Barcelona constituted the primary element in each of Complainants marks. Although Complainant's trademark is composed by several elements, the distinctive character of the same is provided for by expression "BARCELONA". [ Commenced: June 9, 2000 -> Judgment: August 4, 2000] - 500

50Plus.com| - Read the case summary - Decision: 17-Oct-2000
Domain name- Domain name dispute resolution policy- Trademark- Bad faith use- Bad faith registration- Legitimate interest- Confusingly similar- Federally- registered trademark- Personal use- Generic marks- Phonetically similar- Dominant feature.
Complainant was registrant of several United States trademarks involving 50 MORGAN HALL, MORGAN 50 , and other variations of 50. Complainant offers goods, information, travel, leisure and financial services to senior citizens. Respondent registered the domain name, 50PLUS.COM. Held, Name Not Transferred to Complainant. The domain name at issue is not identical to, or confusingly similar to Complainants business trademarks: MARGAN HALL 50 , 50 , and 50 Buyer Discount Card, all of which have been used in its business since 1995. There are more than 60 existing worldwide trademarks on the term 50Plus. [Commenced: 30 May 2000 -> Judgement: 17 July 2000] 501

Yahoomail.com| - Read the case summary - Decision: 17-Oct-2000
Domain name - Domain Name Dispute Resolution Policy - U.S. federal trademarks - Identical - Confusingly similar - Mislead and divert consumers - Tarnish trademark for commercial gain - Likelihood of confusion - Rights or legitimate interests - Legitimate non-commercial use or fair use of domain name - Bona fide offering of goods and services - Bad faith use - Bad faith registration.
Complainant, owner of nine U.S. federal trademarks for the name YAHOO!, is well-known worldwide for its variety of web and internet services. Respondent registered the domain names yahooemail.net, yahoofree.com, yahoofree.net, yahoochat.net and yahoo.com.uy and uses them as links to its website on pets and veterinary services. Respondent has also registered the domain names yahoochat.cl, yahoofree.cl and miyahoo.cl as well as the trademark YAHOO in Uruguay... Held, Domain Names Transferred to Complainant. [Commenced: 20 July, 2000 -> Judgment: 9 August, 2000] 502

Usaolympiconlinestore.com et al.| - Read the case summary - Decision: 17-Oct-2000
Domain name - Domain name dispute resolution policy - Legitimate interest - Bad faith registration - Bad faith use - Identical - Confusingly similar - U.S. Trademark - Disclaimer - Olympic.
Complainant is a non-profit, Congressionally chartered corporation with exclusive rights to commercial use of Olympic terminology and symbols. Complainant also owns many United States trademark registrations that include the components US or USA and OLYMPIC with a first use in commerce date of 1896. Respondent registered the domain names usaolympiconlinestore.com and olympiconlinestore.com in March 2000. HELD, Name Transferred to Complainant The word OLYMPIC and the combination of OLYMPIC and USA are similar to Complainant's trademarks, and are clearly likely to cause confusion with sites registered by Complainant. [Commenced: 18 May 2000 -> Judgment: 13 July 2000] 503

Tonerjet.com| - Read the case summary - Decision: 17-Oct-2000
Domain name - Swedish trademark -International trademarks - Identical - Confusingly similar - Bad faith registration - Bad faith use - Respondent offering to sell domain name on website - Respondent offering to sell domain name to Complainant for shares in Complainant's company - Respondent aware of value of domain name.
Complainant is a company operating in Sweden in the business of office printers and copiers. Complainant holds several trademarks for the word "tonerjet" in various countries. Respondent registered the domain name tonerjet.com. Respondent did not file a Response and was noted in default. Held, Name Transferred to Complainant. The domain name is identical or confusingly similar to the trademark of Complainant. The word TONERJET is considered distinctive and registrable as a trademark and the word is not a generic or descriptive word which can be used by anyone.[Commenced: 2 March 2000 -> Judgement: 10 April 2000] 504

Rollerblading.com| - Read the case summary - Decision: 18-Oct-2000
Domain name - Domain name dispute resolution policy - Trademark - Famous marks - Bad faith registration - Bad faith use - Generic term - Warehousing.
Complainant is the owner of the trademark for the name Rollerblade and is engaged in the manufacture and sale of in-line skates. Respondent registered the domain name rollerblading.com and operates a web page dedicated to the sport of in-line skating. Held, Name Not Transferred. Rule 12 of the Policy permits the Panel in its sole discretion to request further statements or documents from either party. The Panel denies Complainants request to file a reply. The Policy and Rules demonstrate a strong preference for single submissions by the parties absent extraordinary circumstances. The breadth of Respondents response does not constitute extraordinary circumstances. The domain name rollerblading.com is confusingly [Commenced: 12 May, 2000 -> Judgement: 24 August, 2000] 506

Toeic.net| - Read the case summary - Decision: 18-Oct-2000
Domain name - Uniform Dispute Resolution Procedure - Registered trade mark - Respondent in Default - No Legitimate Interests - Bad faith use - Bad faith registration - Sell for in excess of out of pocket expenses.
Complainant is the registered owner of TOEIC trade mark and other TOEFL trade marks in many countries worldwide. Respondent registered the domain name, TOEIC.NET. Held, Name Transferred to Complainant. It is prima facie obvious that the domain name, TOEIC.NET is identical to Complainants TOEIC mark and that they are confusingly similar. It is also clear that Respondent has no rights or legitimate interests in respect of the domain name. This is bad faith registration. Respondent registered the domain name on October 17, 1998 and offered to sell it to Complainant on February 9, 1999 for valuable consideration in excess of out of pocket expenses. [Commenced: 11 May 2000 Judgement: 7 July 2000] 507

Tillpaydayloan.com et al.| - Read the case summary - Decision: 18-Oct-2000
Domain name - Domain Name Dispute Resolution Policy - U.S.Trademark - Identical - Confusingly similar - Likelihood of confusion - Commercial use of the mark- Bad faith use - Bad faith registration - Rights or legitimate interests in respect of domain name.
Complainant is the user and registrant of the mark CASH TIL PAYDAY and the logo CASHTIL PAYDAY LOANS and uses the said mark to offer short term loans to consumers. Respondent has registered the four domain names TILLPAYDAYLOAN, TILLPAYDAYLOANS, UNTILPAYDAYLOAN and UNTILPAYDAYLOANS. Complainant requests that these domain names be transferred from Respondent to Complainant because the former has no legitimate interest in respect to the domain names. Held, Names not Transferred to Complainant. The four domain names are not identical or confusingly similar to Complainants word mark or logo. [Commenced: 15 June, 2000 -> Judgment: 17 July, 2000] 508

Symplicity.com| - Read the case summary - Decision: 18-Oct-2000
Domain name - Domain name dispute resolution policy - Confusingly similar - Bad faith registration - Inaction can constitute bad faith - Examples of bad faith registration in policy are illustrative not conclusive.
The domain name at issue is . Complainant, Symplicity Corporation, of the United States, has used the trade name and common law trademark "symplicity" since early 1995. On February 14, 1997 Respondent, Bob Gately, also of the United States, reportedly convinced the then registrant of the domain name to transfer that registration to him. However Respondent failed to pay the prior registrant, a domain name warehouse, the agreed price, and Respondent has had no further contact with the prior registrant... Held, Name Transferred to Complainant. [Commenced: 22 June, 2000 -> Judgement: 12 July, 2000] 509

Sfxcollectibles.com| - Read the case summary - Decision: 18-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - Confusingly similar - Legitimate interest - Bona fide use - Bad faith intent - Direct competitor - Fair use - Believed on Reasonable grounds - Generic term.
Complainant was an industry leader in the field of live event promotion, production and operation and used the marks SFX Entertainment and/or SFX on all materials advertising, promoting or describing its services. Complainant also filed intent-to-use applications with the U.S. Patent and Trademark Office to register a number of other marks incorporating the characters SFX. Just prior to this application, Complainant planned to launch a new division specializing in music memorabilia and collectibles and engaged in business discussions with Respondent with regards to Respondents potential involvement in the venture... Held, Name Not Transferred to Complainant [Commenced: 12 May 2000 -> Judgment: 10 July 2000] 510

Madonna v. Parisi| - Read the case summary - Decision: 18-Oct-2000
Domain name - Domain name dispute resolution policy - Complainants name is that of well-known entertainer Respondent registered domain name as trademark in Tunisia Respondents web-site was shut-down prior to claim Respondent attempted to donate domain name to charity - Respondent used disclaimer on web-site - Notwithstanding disclaimer, Complainant claimed tarnishment of reputation and trading on goodwill for commercial purposes - Respondent claimed use of generic term to attract business - Identical name invites confusion - Need more than mere registration - Need bona fide use of mark in jurisdiction where registered - Cannot register mark to circumvent Policy - Bad faith acquisition is akin to bad faith registration - Deliberate attempt to trade upon Complainants fame.
Complainant is Madonna Ciccone, an individual professionally known as Madonna.Held, Name Transferred to Complainant.[Commenced: 28 August 2000 -> Judgment: 12 October 2000] 511

Ativan.com| - Read the case summary - Decision: 18-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - U.S. Domain name - Identical - Confusingly similar - Rights or legitimate interest - Bad faith registration - Bad faith use.
Complainant is owner of trademark registrations for ATIVAN, LO/ORVAL, and OVRAL in association with medical products. Respondent registered the domain names ATIVAN.COM, LO-OVRAL.COM, and OVRAL.COM. Respondent did not file a response to complaint. Complainant indicated that it contacted Respondent to demand that the domain names be transferred to Complainant. Respondent later contacted Complainant and offered to transfer or assign the domain names for expenses in excess of any out-of-pocket costs. Complainant submits this fact and the belief that Respondent has engaged in a pattern of such conduct, as evidence of bad faith use and registration. Held: Domain Name(s) Transferred to Complainant[Commenced: 31 May 2000 -> Judgment: 31 July 2000] 512

Quarterview.com| - Read the case summary - Decision: 18-Oct-2000|CASE_ARCHIVES/ARCHIVE_Q

Domain name - Domain name dispute resolution policy - Active domain name and active website - Dispute does not fall within narrow scope of dispute resolution policy - Dispute about failed Internet business venture - Dispute beyond Panels limited jurisdiction Domain name dispute resolution policy deals with abusive registrations intended to be subject to streamlined administrative dispute-resolution procedure - Need to subject dispute to internal dispute policy of Registrar.
Complainant is Quarterview, a sole proprietorship owned and operated by Joseph Kim of the United States of America. Respondent is Quarterview Co. Ltd. of Seoul, Korea. The proceeding arises out of a dispute between Complainant and Respondent and its principals regarding a failed Internet business venture. Held, Complaint Dismissed; Names Not Transferred to Complainant. [Commenced: 02 June 2000 -> Judgment: 06 July 2000] 513

Whoswho.com et al.| - Read the case summary - Decision: 18-Oct-2000
Domain name - Domain Name Dispute Resolution Policy - Trademarks - Strictly identical - Confusing similarity - Effect of direct confusion of domain name with registered trademarks - Likelihood of confusion - Rights or legitimate business interests - Intention to create confusion - Bad faith use - Bad faith registration - Frivolous claim - Negligence and disregard of easily discoverable information.
Complainant is the owner of several trademarks under the names WHOS WHO and WHOS WHO EN LE MERCOSUR Y CHILE which are used to provide biographical and professional information about individuals. Respondent is the registrant of the marks WHOS WHO GLOBAL NETWORK and WHOS WHO ON LINE and registered the domain names WHOSWHO.COM and WHOSWHO.NET as websites to provide the same type of information as Complainant. Held, Names not Transferred to Complainant. [Commenced: 27 June, 2000 -> Judgment: 24 July, 2000] 514

Muggles.org| - Read the case summary - Decision: 18-Oct-2000
Domain name- Domain name dispute resolution policy- Trademark- Bad faith use- Bad faith registration- Legitimate interest- Nickname- Confusingly similar- Federally- registered trademark- Personal use- Generic marks.
Complainant was registrant of two United States trademarks involving muggles and a stylized version of the same. The trademark had been used in connection with the sale of dolls and accessories since the mid-1970s. Respondent registered the domain name, muggles.org. Respondent contends that he registered the domain name for personal use and to maintain a personal Web Site thereon because he has personally been commonly known by the nickname "muggles" by his family and friends since childhood. Held, Name Transferred to Complainant. There can be no doubt that the "muggles" trademark of Complainant is identical to the "muggles.com" domain name. The Lanham Act ... [ Commenced: 15 May 2000 Judgement: 24 July 2000] 515

Microsoftnetwork.com et al.| - Read the case summary - Decision: 18-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Trademarks - Similarly named registrants - Identical - Confusingly similar - Legitimate interest - Bad faith registration - Bad faith use - Redirect through search engine - Sexually explicit web sites.
Complainant was registrant of United States trademarks MICROSOFT, MSN THE MICROSOFT NETWORK, ACTIVEX, LINKEXCHANGE, and HOTMAIL. The domain names at issue, www.microsoftnetwork.com, www.linksexchange.com, www.hotmaill.com, www.homail.com, www.otmail.com, www.hotmailcom.com, www.activexx.com, and www.hotmai.com, appeared to be owned by different registrants Held, Names Transferred to Complainant. The administrative, technical, zone, and billing contacts of the registrants were sufficiently similar to find a very close relationship between registrants but the Panel is unable on the evidence to conclude that there is in fact only one person. [Commenced: 15 June 2000 -> Judgment: 25 July 2000] 516

Jimihendrix.com| - Read the case summary - Decision: 18-Oct-2000
Domain name - Domain name dispute resolution policy - Jurisdiction of ICANN - U.S. Trademarks - U.S. Service marks - Identical - No rights or legitimate interest - Bad faith registration - Bad faith use - Vanity E-mail - Constructive Awareness.
Complainant was family of Jimi Hendrix and had trademarks and service marks in Jimi Hendrix. Complainant also registered domain names , , and . Respondent registered < jimihendrix.com> and sold vanity email addresses that included through the website found at the domain name at issue. Held, Name Transferred to Complainant. Respondent was bound by registrars policy, despite the fact that the domain name at issue was registered prior to current policy taking effect. Respondent maintained and renewed domain name registration which constituted acceptance of changes in the policy. [Commenced: 12 May 2000 -> Judgment: 2 August 2000]40| 517

Intercontinental.com| - Read the case summary - Decision: 18-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - U.S. Domain name - Jurisdiction - Identical - Confusingly similar - Rights or legitimate interest - No Bad faith registration - No Bad faith use - 3rd Party intervention - Offer to Sell - Intention to develop not enough.
Complainant is owner of trademark registrations for INTER CONTINENTAL and INTER-CONTINENTAL in association with hotel services. Respondent registered the domain names INTER-CONTINENTAL.COM and INTERCONTINENTAL.COM. Respondent claims use of the domain names in question was for the purpose of educating people in the developing world about the Internet. Held: Domain Name Not Transferred Respondent avers that his correct name is Khaled Ahmed Soussi and that his brother is named Ali Soussi. Complainant received a fax from Ali Soussi, claiming to be the owner of the two Domain Names and offering to sell... [ Commenced: 25 May 2000 -> Judgment: 5 July 2000] 40| 518

Industrialproductsfinder.com| - Read the case summary - Decision: 18-Oct-2000
Domain name - Domain name dispute resolution policy - Common law trademark - Identical - Continuous use - Legitimate interest - Bad faith use.
Complainant is affiliated with a monthly subscription publication called Industrial Products Finder that has been widely circulated in India continuously since October 1972 and maintains a website, www.industrialproductsfind.com which has been operated continuously since September 1998. Respondent registered the domain name www.industrialproductsfinder.com. Held, Name Not Transferred to Complainant Complainant has not established that it has a legally protectable registered trademark however Complainant has established that it has consistently used the phrase industrial products finder as the name of an established, widely circulated periodical published and distributed throughout India since 1972. That evidence is sufficient to establish a common law trademark...[Commenced: 12 May 2000 -> Judgment: 7 July 2000] 528

Fifa-world-cup.com| - Read the case summary - Decision: 24-Oct-2000
Domain name - International trademarks - Identical - Confusingly similar - Bad faith registration - Bad faith use - Famous mark - Non-profit association - Sporting event - Respondent offering to sell domain name on website.
Complainant is a non-profit association comprised of 203 national football associations. Its purpose is to promote football and control international football competitions, including the World Cup which attracted 40 billion television viewers in 1998. Complainant holds marks in many countries for FIFA and World Cup, including international registrations. Respondent registered the domain name FIFA-WORLD-CUP.com. Respondent did not submit a Response and is in default. Held, Name Transferred to Complainant. The domain name is confusingly similar to the marks of Complainant. The hyphenationations and addition of the suffix ".com" are insignificant...[Commenced: 16 May 2000 -> Judgement: 17 July 2000] 529

Eddiebauercamping.com| - Read the case summary - Decision: 24-Oct-2000
Domain name - Domain Name Dispute Resolution Policy - Trademark - Service mark - Confusing similarity/identity - Likelihood of confusion - Exclusive rights in the name - Bad faith use - Bad faith registration - Lack of right or legitimate interest - Non-commercial and non-competing uses.
Complainant is the owner of the mark Eddie Bauer and uses it in connection to the sale of camping equipment. Respondent who has been engaged in negotiations with Complainant for a licencing agreement in regard to the marketing of camping equipment, has registered the domain name eddiebauercamping.com. This name is strictly used as a placeholder website. Held, Name not Transferred to Complainant. Although Complainant has demonstrated the existence of a valid mark and confusing similarity between the mark and the domain name, the panel is satisfied that there is no bad faith use or registration of the domain name. [Commenced: 15 June, 2000 Judgment: 21 July, 2000] 530

Domina.net| - Read the case summary - Decision: 24-Oct-2000
Domain name - Domain Name Dispute Resolution Policy - Trademarks - Servicemarks - Perfectly identical - Confusing similarity - Rights or legitimate interests - Prior proprietorship rights - Likelihood of confusion - Detrimental to distinctive character or repute of trademark - Bona fide offering of goods - bad faith use - bad faith registration.
Complainant is the owner of several registered trademarks for the mark DOMINA in Europe and has acquired a solid reputation in the field of erotic press and electronic communications. Respondent registered the domain name domina.net and uses it for the purpose of e-commerce and in the sale of articles of clothing. Unable to use the said domain name to promote its products, Complainant has been forced to open a website under the name domina.fr. Held, Domain Name not Transferred to Complainant. [Commenced: 18 April 2000 -> Judgment: 25 July 2000] 531

Creditlibanais.com| - Read the case summary - Decision: 24-Oct-2000
Domain name - Lebanese trade mark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Domain name not generic - Offer to settle during litigation should not be admitted into evidence.
Complainant is a Lebanese company registered in 1961 under both arabic and french translations of its name. It also owns a trademark for the name Credit Libanais. Respondent registered the domain name creditlibanais.com. Held, Name Transferred to Complainant. The domain name is condusingly similar to the trademark of Complainant. Although the words are possibly generic, the combination of "credit" which suggests a banking operation and "libanais" (Lebanese) are likely to create confusion. Respondent has no legitimate rights or interests in domain name. [Commenced: 16 May 2000 -> Judgement: 25 June 2000 ] - 532

Accuweathe.com| - Read the case summary - Decision: 24-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark -Misspelling - Confusingly similar - Bad faith registration - Bad faith use - Commercial gain.
Complainant was registrant of United States service mark ACCU-WEATHER.. Under this mark Complainant has provided commercial weather information around the globe. Complainant registered the domain name accuweather.com. Subsequently, Respondent registered the domain name, acuweather.com, which was linked to pornographic web sites; this registration was held to be in violation of ICANN policy. In this case, the Respondent registered the domain name, accuweathe.com, which was similarly linked. Held, Name Transferred to Complainant. The Respondents domain name is confusingly similar to the Complainants service mark and domain name, which has merely been varied in spelling. [Commenced: 14 August 2000 Judgment: 13 September, 2000] 533

Addvil.com| - Read the case summary - Decision: 24-Oct-2000
Domain - Domain name dispute resolution policy - U.S. Trademark - Confusingly similar - Rights and legitimate interests - Bad faith registration - Bad faith use - Valuable consideration in excess of out of pocket expenses.
Complainant was registrant of United States trademark ADVIL. Respondent registered the domain name, addvil.com. Respondent offered to sell the domain name to Complainant. Held, Name Transferred to Complainant. The domain name addvil.com is confusingly similar to Complainants trademark. Respondent has no legitimate rights or interests in the domain name. Registration of the domain name in issue in bad faith is a matter of the appropriate inference to draw from cirucumstantial evidence. The evidence showing Respondents offer to sell the domain name to AHP, demonstrates that Respondent has registered the domain in bad faith. [ Commenced: June 21, 2000 -> Judgment: August 25, 2000] 534

Adserve.com| - Read the case summary - Decision: 24-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Trademark - Identical - No rights or legitimate interests - Bad faith registration and use - Cybersquatting.
Complainant held United States trademark for , having used name since 1971. Respondent registered domain name without searching registry for trademark registrations. Held, Name Transferred to Complainant. Domain name at issue is clearly identical to Complainants trademark. Complainant is not required to show actual confusion as same mark was sufficient evidence that confusion likely to exist . Respondents intention to associate the domain name at issue with business was insufficient to establish rights or legitimate interests in the mark. Respondent was negligent to not search the trademark registry in his own country before registering domain name. [ Commenced: 15 March 2000 -> Judgment: 28 April 2000] 535

Herohonda.com| - Read the case summary - Decision: 24-Oct-2000
Domain name - Domain name dispute resolution policy - Identical - Bad faith registration - Indian Registered Trademarks - Uncompleted Fansite - Could have Chosen a More Descriptive Name for Fansite.
Complainant was registrant of three Indian trademarks related to containing the words HERO HONDA. Respondent registered the domain name, herohonda.com Held, Name Transferred to Complainant. It is clear that the domain name is identical to Complainants trademark. Respondent has no rights or legitimate interest in the domain name. Respondents claim that he has the domain name for the establishment of an Internet fan club for Honda motorcars does not, without steps to actually establish the fan club, create a legitimate non-commercial or fair use of the domain name. [Commenced: May 29, 2000 -> Judgment: July 16, 2000] 536

Jewelery.com| - Read the case summary - Decision: 24-Oct-2000
Domain name - Domain name resolution policy - Confusingly similar - Generic Marks - Bona fide offering of goods and services - Online sales - Good faith - Prima facie case - Reverse domain name hijacking.
Complainant, Jewelry.com, is engaged in the business of selling fine jewelry, rings, earrings, etc. over the Internet. Complainant conducts its online retail sales through its website, www.jewelry.com. Complainant registered JEWELRY.COM on November 8, 1999. Since October 1999, Complainant has spent over millions in national marketing and promotional efforts relating to JEWELRY.COM. and achieved over $1 million dollars in sales. Respondent Idealab! registered the domain name JEWELERY.COM April 1, 1998, with the anticipation of using that domain name in connection with an online jewelry business. Idealab! is an investor in... Held, Name not transferred. [ Commenced: 18 July 2000 -> Judgment: 1 September 2000]40| 537

Jimthompsonhouse.com et al.| - Read the case summary - Decision: 24-Oct-2000
Domain name - Domain name dispute resolution policy - Thai Trade Name - Thai Trademark - Identical - Very Popular Name - Confusingly similar - Different Businesses - Bad faith registration - Bad faith use.
The first Complainant, The James H.W. Thompson Foundation, owns the Thai trade name "Jim Thompson Thai House" or "Jim Thompson House". The second Complainant, The Thai Silk Company Limited, owns the registered Thai trademark "JIM THOMPSON". The Respondent, Panarach Puangpetch, registered the domain names jimthompsonhouse.com & jimthompsonhouse.org. Held, Both Names Transferred to First Complainant. The domain names are identical to the Complainants trade name & trademark since the name Jim Thompson House is very well known and popular. This remains so even though the Complainants once thought of using a shorter version of their trade name or trademark for use on the Internet. [Commenced: 16 May 2000 -> Judgment: 10 July 2000] 538

Mickjagger.com| - Read the case summary - Decision: 24-Oct-2000
Domain name - Domain name dispute resolution policy - Identical - Bad faith - Offer to Sell - Common law trademark - Famous name - No response from respondent - Valuable consideration in excess of out-of-pocket-costs.
Complainant is Mick Jagger, Los Angeles, CA, USA. Complainant holds or owns a common law trademark in his famous personal name, "Mick Jagger." He represents and has presented evidence of the continuous commercial use of that mark for more than thirty-five (35) years. Respondent registered MICKJAGGER.com. Held, Name transferred to Complainant. Complainant has presented clear and convincing evidence that Complainant holds a common law trademark in his famous name. The domain name and the mark are identical. UDRP does not require that Complainant have rights in a registered trademark or service mark. Complainant held a common law trademark in his famous name, "Mick Jagger,"...[ Commenced: 20 July 2000 -> Judgment: 11 September 2000] 539

Postpet.net| - Read the case summary - Decision: 24-Oct-2000
Domain Name - Domain name dispute resolution policy - Japanese Trademark - Identical - Confusingly similar - No rights or legitimate interest - Selling for in excess of out of pocket expenses - Bad faith registration - Bad faith use.
Complainant, an internet service provider and general on-line service provider in Japan, was registrant of a Japanese trademark, PostPet. Respondent registered the domain name postpet.net. Held: Name transferred to Complaintant There was no response from Respondent. Complainants trademark, PostPet, is well known among internet users all over Japan. Clearly, the domain name, postpet.net, is identical to the trademark registered and used by Complainant. It is also clear that Respondent has no rights or legitimate interest in respect of the domain names. The domain name was initially registered on March 10, 2000 and Respondent has made no use of the domain name.[Commenced: 23 May 2000 -> Judgement: 18 June 2000] 540

Searsroebuck.com| - Read the case summary - Decision: 24-Oct-2000
Domain name- Domain name dispute resolution policy- Trademark- Bad faith use- Bad faith registration- Legitimate interest- Confusingly similar- Federally- registered trademark- Consumer Complaint Website- Initial Interest Confusion-Free Speech- Communicative Message- Cookie Cutter Sites.
Complainant was registrant of over twenty United States trademarks involving Sears, and Sears Roebuck. Complainant is one of the largest retailers in the world and has been incorporated under the name Sears, Roebuck and Co. since 1893. Complainant uses these marks for a myriad of goods and services, selling over 100,000 different goods and services in over 3, 000 stores world-wide. Respondent registered the domain name, SEARSROEBUCK.COM... Held, Name Transferred to Complainant. [Commenced: 23 June 2000 -> Judgement: 8 September 2000] 541

Stevenrattner.com| - Read the case summary - Decision: 24-Oct-2000
Domain name 0 Domain name dispute resolution policy - Common law service mark - Identical - No legitimate right or interest - Bad faith registration - Bad faith use.
Complainant carries considerable goodwill attached to his name. Complainant provides investment banking and corporate advisory services under his name. Respondent registered the Domain Name stevenrattner.com. Complainant alleges he holds a common law service mark in the United States in connection with the name Steven Rattner. Held, Name Transferred to Complainant. Common law service marks have received protection in domain name disputes where they have sufficiently been connected to a distinctive character. It is clear that stevenrattner.com is identical to Complainants name and common law trademark. Respondent fails to establish rights or a legitimate interest in the Domain Name... [Commenced: 25 May, 2000 -> Judgment : 3 July, 2000] 542

Taebotv.com| - Read the case summary - Decision: 24-Oct-2000
Domain name registration - Domain name dispute resolution policy - Bad faith - Offer to Sell - Valuable consideration in excess of out-of-pocket-costs - Identical - Confusingly similar - Purpose of selling or renting domain - No answer by Respondent - WIPO jurisdiction.
Complainant is the holder of a valid service mark for "TAE BO" in the United States, covering instructional teaching services for aerobics and martial arts. Complainant uses the trademark "TAE BO" in connection with the production and distribution of video tapes in the United States and world wide. Complainant maintains a website at "www.taebo.com" on which instructional video tapes are offered for sale under the "TAE BO" mark. Respondent, Entredomains, is registrant of the domain name "TAEBOTV.COM". Held, Name transferred. The names taebotv.com and tae-botv.com are identical to Complainants service mark and trademark TAE BO... [ Commenced: 4 May 2000 -> Judgment: 5 July 2000 ] 543

Tchin-tchin.com| - Read the case summary - Decision: 24-Oct-2000
Domain name - Domain name resolution policy - Identical identity - Good faith - Complaint denied - Well known phrase - No response to letter - No intention to sell - Confusingly Similar - No bad faith.
Complainant is registered owner of the trademark Tchin-Tchin which is regularly used by the Complainants French subsidiary. Respondent registered domain name after complainant. There is no relation between Respondent and Complainant and Respondent is not a licensee of Complainant, nor has he otherwise obtained an authorization to use Complainants mark. Complainant, through its representative, sent a letter of formal notice to Respondent, requesting the transfer of the Domain Name. Respondent did not reply to this request. Held: Name not transferred. In view of the above, the administrative panel finds that the Domain Name is identical to the trademark Tchin-Tchin of the Complainant. [Commenced: 31 May, 2000 -> Judgment: 17 July, 2000] 544

Tonsil.com| - Read the case summary - Decision: 24-Oct-2000
Domain Name - Domain Name Dispute Resolution Policy - Identical - Confusingly similar - No rights or legitimate interests - Bad faith registration - Bad faith use - Identity of Respondent - WIPOs authority to administer dispute.
Domain name at issue is "tonsil.com". Complainant is a large chemical products manufacturer. Since 1952, Complainant has been producing, selling and marketing bleaching earths and clays under the trademark "Tonsil" and has practically worldwide exclusivity on the designation "tonsil" for use as a trademark. Respondent is alleged to be tonsil.com. Legal status of Respondent tonsil.com is unknown and the Respondent has not asserted that tonsil.com is a person, or is incorporated or registered as a legal entity in any jurisdiction. Panel is not in a position to ascertain whether or not Respondent exists... HELD: Name Transferred to Complainant [Commenced: May 3, 2000 -> Judgment: July 3, 2000] 545

Wwwreuters.com et al.| - Read the case summary - Decision: 24-Oct-2000
Domain name - Domain name dispute resolution policy - Identical - Confusingly similar -No rights or legitimate interests - Bad faith registration - No answer filed.
Complainant was a leading international and financial services group. Complainant is the sole and exclusive owner of a number of trademark registrations for the REUTERS mark throughout the world. The REUTERS mark has been used extensively on television and the Internet, in newspapers and in various other media by Complainant. Complainant has also spent many millions of dollars annually on various types of advertising involving the REUTERS mark. Respondent has registered numerous domain names incorporating famous trademarks or incorporating common misspellings of famous trademarks... Held, Names Transferred to Complainant [Commenced: October 24, 1999 -> Judgment: July 13, 2000] 546

Yahoolagains.com et al.| - Read the case summary - Decision: 24-Oct-2000
Domain name - Domain name dispute resolution policy - U.S. Service mark - U.S. Trademark - Identical - Confusingly similar - Bad faith registration - Bad faith use - Cybersquatting - Mousetrapping.
The Complainant, Yahoo!, Inc., is an internet company that offers a wide range of services such as internet searching and shopping, and has registered many service marks, trademarks and domain names in connection with these services. Respondents have registered twenty-three (23) domain names confusingly similar to Complainants trademarks, "Yahoo!". All of Respondents infringing domain names show the viewer additional "pop-up" windows containing websites and advertising for third parties selling various goods and services. Held, Names Transferred to Complainant. The domain names registered by the Respondents are identical or confusingly similar...[ Commenced: ..., 2000 -> Judgment: 29 September, 2000]