NJDomains Case No. D 1. On January 3,the Center transmitted by email to Register. On January 4,Register. In accordance with the Rules, paragraphs 2 a and 4 athe Center formally notified the Respondent of the Complaint, and the proceedings commenced January 5, In accordance with the Meaning of single but taken, paragraph 5 athe due date for Response January 25, The Response was filed with the Center January 26, Sorkin as panelists in this matter on February 15, The Panel finds that it was properly constituted.
Each member of the Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
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It is the privately owned successor to the former publicly owned Deutsche Bundespost Postdienst. It operates within Germany and overseas and provides an extensive range of postal services and other logistics and transportation services through subsidiaries such as DHL and Deutschepost World Net. The Complainant has a series of registered trademarks in various jurisdictions and classes. Details of the trademarks as provided by the Complainant and as set out in Annex 7 to the Complaint, are as follows: 2.
The exception is the trademark described in paragraph 2. The Complainant maintains that it can prove all three of these requirements and that the meaning of single but taken remedy is to transfer the domain name to the Complainant.
He says that with one exception, the trademarks relied on by the Complainant were all registered after the domain name and that they therefore cannot confer rights on the Complainant to bring these proceedings.
In any event, he adds, the trademarks are generic names, as is the domain name which is neither identical to nor confusingly similar to the trademarks. Secondly, the Respondent maintains that since the domain name was registered, he has had legitimate rights and interests in it, as he has made it available commercially as an email address for subscribers and such a use is a bona fide offering of goods and services.
In particular he denies that the meaning of single but taken name has been used by him for a fraud and says that in fact he has been involved in trying to stop the fraud and find the perpetrators and that the Complainant knew that he was not singles osterburken in the fraud before it issued the Complaint.
Thirdly, he contends that all but one of the trademarks relied on by the Complainant are incapable of supporting a finding of bad faith as they were filed after the domain name was registered. The remaining trademark cannot be relied on, as it is not identical to or confusingly similar to the domain name. In any event, there is no evidence of bad faith registration and use and the facts are to the contrary effect.
The Respondent maintains therefore that the Complaint should be dismissed and that there has been such an abuse of the process that the Panel should make a finding of Reverse Domain Name Christliche russlanddeutsche partnersuche against the Complainant. By a Petition dated March 6,the Respondent submitted that the Panel should consider both the Petition and meaning of single but taken documents exhibited to it.
The Panel regards the Petition and the exhibits to it as a Supplemental Filing and will apply the principles taken into account by panels in deciding pursuant to paragraph 12 of the Rules whether to consider such Supplemental Filings.
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A number of UDRP panels have held that additional submissions are inappropriate except in exceptional circumstances, such as the existence of new, pertinent facts that did not arise until after the submission of the Complaint or Response or arguments by the Respondent that the other party could not reasonably have anticipated, see e. Top Driver, Inc.
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DRadan Corp. As a rule, additional evidence or submissions should only be admitted in exceptional circumstances, such as when additional submissions are necessary to reply to the finding of newly discovered evidence not reasonably available to the submitting party at the time of its initial submission or to rebut arguments by the Respondent that the Complainant could not reasonably have anticipated.
Having considered the principles referred to above, the Panel has decided not to consider the Petition and the exhibits to it. In reaching this decision the Panel has been particularly influenced by the fact that the additional material arrived after the Panel had considered the proceedings and formulated and written its decision and after the decision had been formatted by the Centre. In addition, although there may be some point served by considering such material in appropriate cases even at such a late stage, the Panel believes in the circumstances of the present case that the interests of publishing its decision promptly and keeping within the time and costs restraints of the UDRP process should be given particular importance.
The Panel will therefore not take the additional material into account.
This, in itselfis already a major challenge. Das ist für sich genommen eine positive Entwicklung. In itselfthat is a positive development. Kein Mittel zum Schutz Minderjähriger ist für sich genommen völlig ausreichend. No method of protecting minors is totally effective on its own.
Those three elements, all of which must be proved, are that: A. The Panel will deal with each of these requirements in turn. Presumably this means that it is confusingly similar to all of them. The Complainant has collected its trademarks under several groups which are set out above and for ease of reference the Panel will deal with each group in turn, using the same headings as the Complainant has used.
German Trademark Registrations.
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The Complainant relies here on six registered German trademarks. The first thing that should be said about them is that, with one exception, they were all registered after the domain name was registered. The domain name was registered on November 4, But with respect to all of the other German trademarks, they were registered up to five years after the domain name.
Indeed, not only were they registered after the domain name, but they were registered well after the dates set out by the Complainant in the Complainant.
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Thus, it is literally correct, as the Complainant says, that trademark number was filed on February 22, Trademark numberalthough filed on March 17,was not registered until May 14, and published on June 18, These registration dates were, of course, years after the date on which the domain name was registered.
That view, which is the prevailing view on this issue, was expressed recently in Brasserie Almaza S. The current approach is that this question is probably more relevant to the issues of good faith arising under paragraphs 4 1 b and c of the Policy: see Execujet Holdings Ltd.
Air Alpha America, Inc. D October 7, In polen singles deutschland event, even if the Complainant could rely on these trademarks, the question still remains whether the Panel is satisfied on the balance of probabilities that the domain name is identical to or confusingly similar to any of the German trademarks relied on by the Complainant.
The test to be applied in each case is to consider how an objective bystander would interpret the domain name in the light of the trademarks and it is therefore necessary to look meaning of single but taken each of them in turn.
The Panel finds that there is some doubt as to whether the domain name single stammtisch herne identical to or confusingly similar to the trademark under discussion.
Accordingly, the Panel will not find against the Complainant on this issue alone, but will accept for present purposes that xpress dating rostock has made out a case under paragraph 4 a i with respect to this trademark.
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On the other hand, the meaning of single but taken is generic: see Postecom spa v. The Panel is of course able to reach its own conclusion on this issue, having regard to its own understanding of what the word is taken in the general community to mean.
The Complainant is therefore relying on trademark rights in a generic word.
It has often been said that a generic word will be given little if any protection under the UDRP, whether it is sought to use it as a common law trademark Postcom spa v.