The terms shell and apple are also found in the dictionary but are well-recognized trademarks when used in connection with gasoline and computers respectively It is a basic principle of trademark law that in determining whether a term is

The terms shell and apple are also found in the dictionary but are well-recognized trademarks when used in connection with gasoline and computers respectively It is a basic principle of trademark law that in determining whether a term is

such as HP Intel NEC IBM Apple PeopleSoft SAP and Sun The Complainant obtained federal registration of it SQL ANYWHERE mark on October 5  1999 but has used the mark in commerce since December 1995 continuously denoting such use with a

with a second bite at the apple the Complainant has failed to afford this panel with any evidence that he in fact has rights and legitimate interests with respect to the MyBeauty trademark Having twice failed to supply proof of rights or

�Apple � US PTO Reg 2808567 Apple Computer Co to terms such as �Trivial Pursuit � US PTO Reg 2758701 Horn Abbot Ltd and other common trademarks i.e Burger King General Motors Pearl Jam etc � 3 �The Respondent also makes a misleading claim

� See e.g Sound Unseen Ltd Apple Bottoms LLC and Cornell Haynes p/k/a �Nelly � v Patrick Vanderhorst WIPO Case No. D2005-0636 August 18  2005 True Blue Productions Inc v Chris Hoffman WIPO Case No. D2004-0930 December 22  2004 AT&T Corp v

bulbs of various types 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 see also Successful Money Mgmt Seminars Inc v Direct Mail Express FA 96457 Nat Arb Forum

validity in Sound Unseen Ltd Apple Bottoms LLC and Cornell Haynes p/k/a �Nelly � v Patrick Vanderhorst WIPO Case No D2005-0636 August 18 2005 Register.com Inc v Wolfgang Reile a/k/a RWG Internet and Marketing Rightway Gate Inc et al National

is not based in fact see also Apple Corps Ltd v LOVEARTH.net FA 98812 Nat Arb Forum Sept 25 2001 stating that fans have legitimate interests in websites devoted to their enthusiasm but the domain name itself must distinguish between the admirer and

other marks including APPLEDESIGN APPLEFAX APPLELINK and APPLEMAIL Complainant has also registered variations of the APPLE mark around the world Complainant registered the apple.com domain name in 1987 and the applecomputer.com domain name

Estate of Cheri Blum C/O Wild Apple Graphics Woodstock United States of America represented by Venable LLP United States of America The Respondent is k j Panama City Panama 2 The Domain Name and Registrar The disputed domain name cheriblum.com is

� See The Coryn Group Inc and Apple Vacations East Inc v Azra Khan WIPO Case No. D2003-0655 October 17 2003 The Respondent �s actions may also well be a crime in the United States of America but the Panel believes any possible criminal aspect of

See The Coryn Group Inc Apple Vacations West Inc v John A Meara WIPO Case No D2003-0690 Aventis Pharma SA Aventis Pharma Deutschland GmbH v Jonathan Valicenti WIPO Case No D2005-0037 Philip Morris USA Inc v n/a WIPO Case No D2004-0462 Pfizer

See e.g Sound Unseen Ltd Apple Bottoms LLC and Cornell Haynes p/k/a �Nelly � v Patrick Vanderhorst WIPO Case No. D2005-0636 August 18  2005 In addition the Panel concludes that the Respondent has registered the disputed domain name in order

assertions Respondent s apple-computers.net domain name is confusingly similar to Complainant s APPLE COMPUTER mark Respondent does not have any rights or legitimate interests in the apple-computers.net domain name Respondent registered and

assertions Respondent s applecomputers.us domain name is confusingly similar to Complainant s APPLE COMPUTER mark Respondent does not have any rights or legitimate interests in the applecomputers.us domain name Respondent registered and used

See The Coryn Group Inc and Apple Vacations East Inc v Azra Khan WIPO Case No. D2003-0655 The Respondent �s actions may also well be a crime � but the Panel believes any possible criminal aspect of the Respondent �s conduct lies beyond the

name The Coryn Group Inc and Apple Vacations East Inc v Azra Khan WIPO Case No D2003-0655 October 17  2003 The Respondent �s refusal to relinquish the Disputed Domain Name after receiving notice of the infringement upon the Complainant �s mark

field such as use of the APPLE mark in connection with computers In such circumstances it cannot lose that character through use however extensive In re Preformed Line Prods Co 323 F.2d 1007 C.C.P.A 1963 In re Med Disposables Co 25 U.S.P.Q2d

dellscomputer.com to apple.com and that he had changed the redirection from apple.com to dell.com In an e-mail response dated August 4 2005 Dell counsel thanked Mr Stenzel but asked that he comply in the manner outlined in her July 27