UDRP Panels have unanimously accepted that the inclusion of the and
Waseem A Ali / Micron Web Services, FA 1785616 ( Forum e to be confusingly similar to the STARBUCKS mark, as the addition of the generic term real to Complainant’s e from Complainant’s trade mark pursuant to the Policy
In the first place, before establishing whether or not the disputed domain names , , and are confusingly similar to Complainants trademarks SNAPCHAT and SNAP, the Panel wants to point out that the addition of generic top-level domain (gTLD), i.e., , .net, .biz, .edu, .org, cannot be considered when determining if the registered domain name is identical or confusingly similar to the registered trademark [iii] as the insertion of a gTLD has a distinctive function [iv] .
net (gTLD), in the disputed domain name is not a factor in analyzing whether a disputed domain name is identical or confusingly similar to the mark in which Complainant asserts rights. In the Wal–0477 (WIPO ), the Panel stated that:
[T]he addition of the generic top-level domain (gTLD) name is without legal significance since use of a gTLD is required of domain name http://www.hookupdate.net/single-muslim-review/ registrants, is one of only several such gTLDs, and does not serve to identify a specific enterprise as a source of goods or services.
The confusing similarity between the domain names containing a partial reproduction of the trademark SNAPCHAT, especially the SNAP portion of the trademark, has been previously decided by other Panels as follows:
See Huron Consulting Group Inc
Respondents domain name contains the dominant portion of the SNAP marks, as well as the generic or descriptive terms hack and master and the gTLD. Similar changes in a registered mark have failed to sufficiently distinguish a domain name for the purposes of Policy 4(a)(i). See King Ranch IP, LLC v. E Miller, FA 1785596 ( Forum ) (Complainants trademark is used in-part with regard to barbecue related goods and services; the term bbq is thus suggestive of the KING RANCH tradee is confusingly similar to Complainants KING RANCH mark.); see also Starbucks Corporation d/b/a Starbucks Coffee Company v. ); see also Longo Brothers Fruit Markets Inc. Continua a leggere
