in domain dispute cases See Apple Computer Inc v DomainHouse.com Inc D2000-0341 WIPO July 5 2000 Scholastic Inc v 366 Publications D2000-1627 WIPO Feb 21 2001 Playboy Enterprises International Inc v Vileshome D2001-1082 WIPO Oct 30 2001 J Crew

the Respondent was right the Apple Computer Company could have no trademark rights in its well-known APPLE trademark and Philip Morris could not have rights in the trademark CAMEL It is also irrelevant in our context whether the correct name of

Apple Corps Limited v Gods-Domains.com Claim Number FA0108000098464 PARTIES The Complainant is Apple Corps Limited London Complainant represented by Howard H Weller of RubinBaum LLP The Respondent is Mark Elsis Gods-Domains.com Siesta Key

Apple Corps Limited v LOVEARTH.net Claim Number FA0108000098812 PARTIES The Complainant is Apple Corps Limited London England Complainant represented by Howard Weller of RubinBaum LLP The Respondent is LOVEARTH.net Siesta Key FL Respondent

for a second bite of the apple to introduce new evidence or for rebuttal 3 While Complainant had nearly eight 8 months from November 2 2000 the date of the Clise conversation until filing was submitted June 11 2001 Respondent insists this was

trademarks other examples are apple for computers and camel for cigarettes are in fact very strong marks The Complainant registrations of the mark RED BULL in Canada and in the USA evidences that it has exclusive rights in that mark in these

a place of business at 34 Apple Street Tinton Falls New Jersey U.S.A The Respondent is Lauren Kallareou The Tack Box According to the Complaint Lauren Kallareou was located at 2 Windsor Road Montvale New Jersey and now is in Russia Her mother

on the Yahoo site are Apple Colgate-Palmolive Disney The Gap Honda IBM Lego Microsoft Procter & Gamble Sony Swatch Toshiba and Visa Nearly all of Yahoo s current Internet services are offered to the public free of charge its income being

including Cisco Systems Apple Computer Citibank Sky Walker Studios Net Working Solutions and celebrities Robin Williams John Gray Author of Men are From Mars Women are from Venus Michael Tilson Thomas Conductor of the San Francisco Symphony

to which they refer compare Apple for apples Apple for lipstick and Apple for computers In addition Complainant has submitted no evidence that its mark has substantial commercial strength such that a significant number of Internet users might

Boat Sales Limited v ANC AppleStation Case No D2001-0155 1 The Parties The Complainant is Ancasta International Boat Sales Limited Ancasta of Port Hamble Satchell Lane Hamble South Hampton Hampshire England The Respondent is ANC AppleStation

support the finding in Apple Computer Inc v DomainHouse.com Inc WIPO Case No D2000-0341 where panelist says that t here nothing inherently wrongful in the offer or sale of domain names without more such as to justify a finding of bad faith

a similar suit against the Apple Corporation or whether the Respondent is in the view of the Complainant to be considered the greater threat according to the confusingly similar clause of this Complaint If the Complainant is not pursuing

of others just as the word apple in the field of computers has come to denote a single trader But marks of this kind lack the distinctiveness of invented words like KODAK SONY or MICROSOFT because it is necessary to identify the field of use

soft drinks with kola orange apple grape and pineapple flavors The mark is also registered by Golden Cup Sabores y Marcas C.A for services of the class 42 All such GOLDEN soft drink products collectively are commonly identified as Sabores Golden

on the YAHOO site are Apple Colgate-Palmolive Disney The Gap Honda IBM Lego Microsoft Procter & Gamble Sony Swatch Toshiba and Visa Nearly all of Yahoo s current Internet services are offered to the public free of charge its income being

Bellgr Inc Case No D2000-0129 Apple Computer Inc v Domain-House.com Inc Case No D2000-0341 Burlington Coat Factory Warehouse Corporation v Naiyer Imam Case No D2000-0485 Moreover registration of numerous domain names that incorporate well-known

made under the UDRP see e.g Apple Computer v DomainHouse.com D2000-0341 NCP Marketing Group v Entredomains D2000-0387 and DLJ Long Term Investment v Namewhiz.com-NameForSale FA0010000095758 It is now trite to say that offering the domain name at

website experience See Apple Computer Inc v DomainHouse.com Inc Case No D2000-0341 WIPO July 5 2000 delay in response to cease and desist letter may be reasonable Wal-Mart Stores Inc v Walsucks and Walmarket Puerto Rico Case No D2000-0477

the owner of the trademark APPLE in relation to computers cannot prevent use of the word apple in relation to apples Identity or confusing similarity The panel considers this issue is to be resolved by comparing the trademark and the disputed