a respondent For example in Apple Computer Inc v DomainHouse.com Inc D2000-0341 WIPO July 5 2000 Respondent represented that regarding the quicktime.com domain name it had prepared to use the domain name to establish a website devoted to

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

� 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

name The Coryn Group Inc and Apple Vacations East Inc v Azra Khan WIPO Case No D2003-0655 October 17 2003 A WIPO panel found bad faith in very similar circumstances In the case of CareerBuilder Inc v Amcore & Company For sale domains 250 or best

computers manufactured by Apple Computer Inc Relying on a newspaper report of the decision in a lawsuit involving the Microsoft Corporation the Respondent argues that the combination of two generic terms cannot form the basis for a valid

meaning For example while APPLE is undoubtedly a famous mark for computers it does not follow that someone who owns an apple orchard does not have a legitimate interest in the use of the word �apple � as part of an Internet domain name to be

relationships with Ambit Apple Cisco Systems Dell D-Link EchoStar Hewlett-Packard IBM Motorola Nortel Networks Pace Pioneer Scientific-Atlanta Sony Ericsson Thomson CE and 3Com among others Broadcom revenue for the year ending 2003 as reported

88482 ALMAZA 32 non-alcoholic apple flavour beverage September 21 2001 Lebanon 91232 ALMAZA 32 non-alcoholic raspberry flavour beverage July 18 2002 Lebanon 91231 ALMAZA 32 non-alcoholic malt beverage July 18 2002 Lebanon 91230 ALMAZA 32

s KELLOGG S KELLOGS APPLE JACKS FROOT LOOPS and CORN POPS marks Respondent does not have any rights or legitimate interests in the appaljacks.com appeljackes.com appeljakes.com appeljaks.com appeljax.com applejcks.com appljaks.com

MacMall.com site which sells Apple computers and related accessories to the Apple Computer site The use of these domain names in this manner misleads consumers by creating the appearance of a connection between Complainant �s �www.macmall.com �

for such companies as Apple computers and Delta airlines But such is not the case While Mr Mbowe may frolic in dells to his heart �s content under the Policy he cannot use Dell �s trademark as part of his domain name 7 Decision For all the

For example the fact that APPLE is a well-known trademark for computers does not in any way preclude others from using the term �apple � for fruit Here Complainant has established rights in its ARGENT MORTGAGE marks for mortgage and related

case The Coryn Group Inc Apple Vacations West Inc v John A Meara aka Pat Cavanaugh WIPO Case No D2003-0690 which case related to the domain names bookapple.com bookapplecamp.com and bookapplegrant.com and was lodged by The Coryn Group Inc

similar to Complainant s APPLE JACKS CORN POPS FROOT LOOPS TOUCAN SAM and KELLOGGS marks Respondent does not have any rights or legitimate interests in the applejacke.com applejacs.com applejak.com applejakcs.com applejask.com applejaxes.com

to another bite of the apple in this ICANN proceeding However this Decision does not preclude Complainant from seeking a remedy in federal court or any other court of competent jurisdiction DECISION Having concluded that Complainant has

such as HP Intel NEC IBM Apple PeopleSoft SAP and Sun The Complainant is also the registered owner of the domain name datawindow.com a hard-copy printout of the WhoIS registration record for that name appears in Annex 4 to the Complaint This

in commerce Respondent s applejaks.com and kelloggsapplejacks.com domain names are confusingly similar to Complainant s APPLE JACKS mark One of the domain names misspells Complainant s APPLE JACKS mark while the other actually spells it

used descriptive word such as apple may be used without objection as a domain name resolving to a site that sells apples despite the fame of that word as a mark in the field of computers Third as the Response makes clear the min and in suffixes are

trademarks such as Shell Apple and Polo have generic meanings and these trademark owners would not be able to show confusing similarity or prevent use of the relevant words in a domain name where it was obvious from the domain name itself that

as the ABSOLUT logo and the APPLE logo combined with copies of famous paintings Starry Night by Vincent Van Gogh and The Son of Man by René Magritte Respondent s résumé and website promote that Respondent has designed logos for various