Internet websites to promote Apple Vacations The Policy and Guidelines specifically prohibit travel agents from referring to themselves as Apple Vacations travel agents or official Apple Vacations travel agencies and provide that No one may use

and service marks including APPLE VACATIONS APPLE and apple-related pictorial marks Its US registered service marks include APPLE VACATIONS registered on October 20 1987 under registration number 1462268 The Complainants have continuously used

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 Respondent evinced good faith by removing light bulb advertisements from its site

assertions 1 The Respondent s applevactions.com domain name is confusingly similar to the Complainant s APPLEVACATIONS mark 2 The Respondent does not have any rights or legitimate interests in the domain name applevactions.com 3 The Respondent

The Respondent is Sigma Two Apple Valley California United States of America the Respondent 2 The Domain Name and Registrar The disputed domain name geert-hofstede.com the Domain Name is registered with Stargate.com the Registrar 3 Procedural

non-generic sense e.g Apple for computers Complainant is claiming service mark rights in a term used in its generic sense Gift certificates is being used to identify gift certificates Complainant attempts to equate its successful

s competitors such as Apple Canon Epson Lexmark Panasonic Sharp and Xerox Complainant asserts that it never authorized Respondent to use its registered trademarks separate and apart from its own manufactured goods for which Respondent is a

decisions under the Policy of APPLE computers and APPLE records Respondent is apparently not using the domain name let alone using it in a way that amounts to trademark infringement Instead Respondent has contended against as per above-listed

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

companies including Apple Computer Inc Activision Inc AT&T GEC Marconi McDonnell Douglas and Parker Brothers In June 2001 Ms Stevens was appointed to the Technological Advisory Council of the Federal Communications Commission a

of something For example apple is generic for apples but is a strong arbitrary trademark for computers Ordinary words such as limited crew playboy quicktime and scholastic have been granted trademark registrations as inherently distinctive

under the brand name APPLE that would absent a license be likely to be deemed to infringe the strong arbitrary APPLE® trademark owned by Apple Computer Inc as there would be a high likelihood that a consumer or end-user would be confused

others the Pepsi-Cola Company Apple Computer Inc At-a-Glance and Microsoft to use the ALBERT EINSTEIN name and mark and associated indicia in some cases in connection with various merchandise including educational materials and CD-ROMs Complainant

mark So for example the word apple is not generic when used to identify computers but it would be generic if used to identify apples A generic term can achieve distinctive force when due to its use and recognition by the consuming public the word

by Complainant For years Apple has used the AIRPORT mark extensively in the United States and abroad for its wireless computer networking technology 2 Respondent registered the airport.biz domain with actual knowledge of Apple s trademark

on the Complainant s site are Apple Colgate-Palmolive Disney The Gap Hilton Hotels Honda IBM Lego Microsoft Procter & Gamble Seagrams Sony Swatch Target Stores Toshiba and Visa The Complainant also licenses the YAHOO mark for use on merchandise

city as well as a variety of apple Respondent has legitimate interests in the fuji.biz domain name Respondent did not register the domain name fuji.biz in bad faith Additional Submission Complainant Respondent failed to establish it had rights or

Scot Floridian Californian Apple Virginian It points out for example that many domain names featuring the word apple and a generic term in combination are not domain names owned by Apple It points out that Virginian a major metal products

goods and services as Apple is when applied to computers is no evidence of bad faith See e.g Etam plc v Alberta Hot Rods WIPO Case No D2000-1654 January 31 2001 tammy.com legitimately registered because it contained a common female name

Official site of the Apple iPOD http ///www.bodpod.com/ Body Composition System http //www.pod.com.sg/ A great mobile/Internet communications platform from Singapore Telecom http //www.omnipod.com/ A B2B Internet based communications