ORDEN de 8 de noviembre de 2004, de la Consejera de Educación, Universidades e Investigación, de modificación de la Orden por la que se resuelve la suscripción y renovación de Conciertos Educativos para los cursos escolares 2004-2005, 2005-2006, 2006-2007, 2007-2008 de los centros docentes privados en los niveles de E. Infantil (2.º ciclo), E. ...
| Sección | 1 - Disposiciones Normativas |
| Emisor | Educacion, Universidades e Investigacion |
| Rango de Ley | Orden |
anked 15th with 8.6 million users. See Exhibit [hereto]. As of May 2000, the Media Metrix Report found that there were 10.1 million unique visitors to the ZDNET website.
xi. "Given the above, it is evident that Complainant has strong rights in the mark ZDNET which is entitled to protection from Respondent's registration of the Domain Name z-d.net.
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"Respondent's Activities
i. "On November 10, 1999, Respondent registered the Domain Name z-d.net. The registration was obtained after Complainant had applied to register the mark ZDNET and after Complainant had been using the mark ZDNET nationwide and internationally. Respondent cannot claim or show any rights to z-d.net that are superior to Complainant's rights in the ZDNET mark.
ii. "It is evident that at the time Respondent registered the Domain Name z-d.net it did so with knowledge of Complainant's rights and also did so for purposes of selling the Domain Name. First, as can be seen in the WHOIS printout attached as [an] Exhibit [hereto] under the listing for the administrative, technical, zone and billing contacts, it states with respect to the z-d.net domain name that ‘this domain is for sale.’ Such a statement speaks volumes as to Respondent's intentions in registering the name. Second, Respondent recognized the fact that Complainant had rights in the mark ZDNET as shown by an email message dated December 12, 1999, from Erik Thomson, on behalf of the Respondent, to Complainant. In that communication, the Respondent advised that it owns the Domain Name z-d.net, that it is selling the name and inquired of Complainant if it was interested in the purchase of the name. See Exhibit [hereto].
iii. "Turning to the first element of the Policy, as shown above it is evident that Complainant has rights in the mark ZDNET. These rights are based both on Complainant's use of ZDNET since 1995, long prior to any date on which Respondent can rely, as well as on the existence of an intent-to-use application which was filed almost 5 years before Respondent obtained a domain name registration. See Phone-N-Phone Services (Bermud
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Ltd. v. Shlomi (Salomon) Levi, WIPO D2000-0040; Quixtar Investments, Inc. v. Hoffman, WIPO D2000-0253.
iv. "The Domain Name z-d.net and Complainant's mark ZDNET are identical or sufficiently similar to satisfy the first element of the Policy. ‘The majority of prior Panel decisions, which are consistent with United States court decisions dealing with trademarks, have held that the...
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