ADMINISTRATIVE PANEL DECISION Apple Inc v Andrew Sievright Domain Source Case No D2010-1916 1 The Parties Complainant is Apple Inc of Cupertino California United States of America represented by the law firm Kilpatrick Stockton LLP United States of

that purportedly sells Apple products including the MacBook laptop computers and iPad tablets as well as products from other consumer-electronics manufacturers This is evidenced at Exhibit 8 to the Amended Complaint from which it can be seen

used for example the term apple should it be used in apple.com with respect to a web site offering fruit namely apples is in all likelihood generic nevertheless given the reputation of those marks in another field with which the mark is

all computer brands such as Apple HP Dell Respondent states that it has not collected nor does it intend to collect click-through fees Additional Submissions N/A FINDINGS The panel has determined from the evidence that 1 the domain name

computer to compete with the Apple iPad but without disclosing the intended trademark for the device 5 Complainant s same senior executive made a public announcement of the upcoming launch of the GALAXY S smart phones on March 23 2010 6 On June 3

have a right to a domain name apple if it uses it for a site for apples but not if the site is aimed at selling computers or pornography Respondent argues that in the present case Complainant asserted mark is weak It is inherently descriptive and

have a right to a domain name apple if it uses it for a site for apples but not if the site is aimed at selling computers or pornography Citing 402 Shoes Inc v Weinstock D2000-1223 Transfer Classmates Online Inc v Zuccarini D2002-0635 Transfer

used in connection with Apple applications such as iPhone The Complainant submits that the Respondent has no rights or legitimate interests in the Domain Name The Complainant states that there is no economic or legal link between the

May 6 2003 BLACK & MILD APPLE Reg No 2813121 February 10 2004 BLACK & MILD FAST BREAK Reg No 2823384 March 16 2004 BLACK & MILD FIT Reg No 3180616 December 5 2006 BLACK & MILD WINE Reg No 3480056 August 5 2008 Complainant uses these marks in

May 6 2003 BLACK & MILD APPLE Reg No 2810707 issued Feb 3 2004 BLACK & MILD APPLE Reg No 2813121 issued Feb 10 2004 BLACK & MILD FAST BREAK Reg No 2823384 issued Mar 16 2004 BLACK & MILD FAST BREAK Reg No 2964913 issued July 5 2005 BLACK &

8ème rang entre COCA-COLA et APPLE est probante Il est aussi établi que l adjonction du terme city terme générique qui signifie cité ou ville en anglais ne saurait faire échapper à la confusion dès lors qu il est accolé à la marque LEGO

for a desktop computer and an Apple iPhone Complainant s counsel sent Respondent a cease-and-desist letter dated February 22 2010 in which Complainant demanded among other things that Respondent transfer the Domain Name to Complainant By e-mail

have a right to a domain name apple if it uses it for a site for apples but not if the site is aimed at selling computers or pornography Relevant decisions 402 Shoes Inc dba Trashy Lingerie v Jack Weinstock and Whispers Lingerie D2000-1223 Transfer

agent of travel agencies Apple and GoGo Tours Both Apple and GoGo Tours have contracts with the Complainant s hotels The Respondent is authorized to resell the Complainant s rooms through the contracts with Apple and GoGo Tours 6 Discussion

WIPO Oct 9 2003 while Apple may have a trademark for Apple for computers it has no rights to stop others from using apple or apple.com to sell apples and Lumena s-ka zo.o v Express Ventures Ltd FA 94375 Nat Arb Forum May 11 2000 bad faith

such as iPod Touch and Apple Mac Books and to sell free online storage Also it has charged membership fees to join its website For all of these reasons the Panel finds that para 4 a ii of the Policy has been satisfied by Complainant C

to be associated with Apple Computer s MobileMe software containing links related to the MobileMe platform 5 Parties Contentions A Complainant The Complainant s contentions can be summarised as follows a By virtue of its long and extensive

desktop computers and on the Apple iPhone and iPod iCall also offers wholesale VoIP solutions through iCall®Carrier Services iCall Inc offers the iCall® Service in both free and paid versions icall.com domain was first registered on November 26

such as Amazon Kindle and the Apple iPad as well as various links to third party commercial websites 5 Parties Contentions A Complainant A summary of the principal submissions made by the Complainant is as follows 1 The Complainant is the

see The Coryn Group Inc Apple Vacations West Inc v V.S International WIPO Case No D2003-0664 The Complainant has presented a strong prima facie case indicating that the Respondent does not have any rights or legitimate interests in the