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Wipo domain Name Dispute Case D2004-0991
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| bet | 2/4 | | Sana | 21.03.2017 | | Hajmi | 39.5 Kb. | | #987 |
4. Factual Background
The Complainant is an international corporation known throughout the world for its computer software and for products which can be used with that software including products which interact with the Internet.
The Complainant has used its trademark WINDOWS extensively and has registered it as a trademark in many countries throughout the world. The Complainant uses its trademark WINDOWS both on its own and in combination with other material of both trademark and non trademark nature, such as WINDOWS XP, WINDOWS CE, WINDOWS SECURITY CENTER AND WINDOWS MAIL. Exhibits 4 and 5 to the Complainant’s Complaint list the Complainant’s WINDOWS trademarks in the United States and the People’s Republic of China, the latter with English transliterations and translations where necessary.
The Respondent registered the domain name (the “Disputed Domain Name”) on July 26, 2004, and the Complainant became aware of this registration in August 2004. The website to which the Disputed Domain Name leads (the “Website”) has at the top a four (4) panelled rectangular logo in the same colours as the well-known WINDOWS logo: red, blue, green and yellow next to the words “WINDOWS-MAIL”. The Respondent offers advertising services through the Website.
After having become aware of the Website, the Complainant employed an inquiry agent to obtain information about the owner of the Website. The results of the inquiry are included in the complaint and a copy of a written credit report is an exhibit to the complaint. It is apparent that the name and address of the Respondent appearing on the registration form for the Disputed Domain Name are false. The actual owner of the Website stated that people often ask if the Website is connected with the Complainant.
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