Corporation USA Similarly Apple though the name of a common fruit has acquired a secondary meaning and establishes immediate connection with Apple Computers No doubt that the word MARUTI has its origin in Indian mythology and has a relation

for fresh fruit such as apples in the same manner as Apple is inherently distinctive for Computers Telekom therefore can only be considered to be descriptive for the goods or services for which rights are claimed and such descriptiveness can

protection E.g the word apple describes a particular piece of fruit and apple would not be eligible for trademark protection for apples However APPLE describing computer related goods is eligible for trademark protection Registration of a

range of companies including Apple Disney Honda Microsoft Sony Swatch and Visa to give a few examples The public s use of Complainant s services is massive For example in December 1999 traffic to Complainant s site averaged 465 million page views

site are American Express Apple Colgate-Palmolive Disney The Gap Honda IBM Lego Microsoft Procter & Gamble Sony Swatch Toshiba and Visa 29 Nearly all of Yahoo s current Internet services are offered to the public free of charge its income being

decided July 20 2000 7 Apple Computer Inc v DomainHouse.com Inc Case No D2000-0341 decided July 5 2000 D2000 1000 e mail E follow on web based well known up non commercial line earlier arising top level out of pocket 0044 17 09 1 10 Wal Mart

of a commercial cherry and apple orchard in White Salmon Washington U.S.A Because the return to growers for their fruit has become so low it is difficult to survive economically simply by selling to the local packinghouses Therefore for over a

including American Express Apple Colgate-Palmolive Disney The Gap Honda IBM Lego Microsoft Procter & Gamble Sony and others In 1999 Complainant revenues were in excess of US 588 million The price one can command for advertising placed on the

including American Express Apple Colgate-Palmolive Disney The Gap Honda IBM Lego Microsoft Procter & Gamble Sony and others 4.5 In 1999 Complainant revenues were in excess of US 588 million 4.6 The price one can command for advertising placed on

It is the registrant for apple.com quicktime.com and quicktime.org A search of the Network Solutions s database shows that the domains apple.net is registered with Columbia River Networks created on May 31 1995 and apple.org registered to

name of a common variety of apple grown in Washington state In defense of the allegation of bad faith the Respondent points out that it also registered fujipub.net for the purpose of trading upon its reputation in Fuji Publishing Group The

would be to prevent the word apple being used to sell computers and would deprive owners of legitimately registered domain names of the opportunity to increase traffic at their web sites like preventing a person from opening more than one store or