FACTS ASSERTED BY THE COMPLAINANT AND NOT CONTESTED BY THE RESPONDENT:
- Forum Case No. 1783500, UBS AG v. Jouet Daniels (“Complainant next argues Respondent’s <ubs-bank.org> domain name is confusingly similar to the UBS mark, as the name incorporates the mark in its entirety, and includes the word “bank” and the “.org” gTLD. Such changes are not sufficient to distinguish a domain name from an incorporated mark in a Policy 4(a)(i) analysis, according to the UDRP practice… Addition of hyphens does not distinguish a domain name from a mark per paragraph 4(a)(i) of the Policy .”);
- Forum Case No. 1730122, Houzz Inc. v. Qeqe Jr / Stars Media (“The addition of a descriptive TLD does not distinguish the disputed domain name from Complainant’s mark.”);
- Forum Case No. FA 1635902, BOURSORAMA S.A. v. Sebastien Martin <boursorama.xyz>;
- CAC Case No. 100995, BOURSORAMA S.A. v. Stephane Arninda <boursoramasecuritycheck.com>;
- According to the WIPO Case No. D2003-0455, Croatia Airlines d .d. v. Modern Empire Internet Ltd., the Complainant is required to make out a prima facie case that the Respondent lacks rights or legitimate interests;
- Forum Case No. 1787495, Wiluna Holdings, LLC v. weiwei li / shijuegongzuoshi (“Specifically, Complainant alleges that Respondent attempts to benefit from the goodwill associated with Complainant’s mark by passing off as Complainant. Use of a domain name to pass off as a complainant may not be considered a bona fide offering of goods and services or a legitimate noncommercial use under Policy 4(c)(i) and (iii).”);
- Forum Case No. 1788585, United States Postal Service v. She had khan (“Use of a domain name to host a pay-per-click webpage may not be considered a bona fide offering of goods and services under Policy 4(i) and (iii)”);
- WIPO Case No. D2016-2605, Boursorama SA v. Ellen Howe, NA (“The Panel concludes that the Respondent was attempting to create an impression of association with the Complainant and its BOURSORAMA trademark at the time of registration and the Domain Name was registered in bad faith”);
- Forum Case No. 1789113, Kendra Scott and Kendra Scott, LLC v. cyl / ah bay / fang bin feng (“Finally, Respondent registered the disputed domain names with actual knowledge of Complainant’s mark: the resolving web pages are nearly identical to Complainant’s legitimate website … actual knowledge of a complainant’s rights in a mark prior to registration may be evidence of bad faith per Policy 4(a)(iii).”).
- Forum Case No. 1218584, Comfortaire Corporation v. Belize Domain WHOIS Service Lt (“Respondent’ use of the <comfortairedirect.com> domain name is also likely to cause confusion among customers searching for Complainant’s products…Thus, the Panel concludes that Respondent’s registration and use of the <comfortairedirect.com> domain name was in bad faith pursuant to Policy 4(b)(iv).”).
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