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Wannere , Paul v. Schleyer , and Henry F. Schaefer, III. The Journal of Organic Chemistry , 81 5 , The Journal of Organic Chemistry , 81 1 , The Journal of Physical Chemistry A , 52 , Mackay , Christopher G. Willis , Michael N. Paddon-Row , and Michael S. Journal of the American Chemical Society , 46 , Papadopoulos , Nickolas D.

Charistos , Katerina Kyriakidou , and Michael P. The Journal of Physical Chemistry A , 39 , Horner and Peter B. The Journal of Organic Chemistry , 80 14 , Bachrach and Meghan W. Cyclooctatetraenophanes: A Computational Study. The Journal of Organic Chemistry , 80 13 , The Journal of Physical Chemistry A , 24 , Leites , Sergey S. Bukalov , Rinat R. Aysin , Alexander V. Piskunov , Maxim G.

Chegerev , Vladimir K. Cherkasov , Alexander V. Zabula , and Robert West. Organometallics , 34 11 , The Journal of Physical Chemistry C , 9 , The Journal of Physical Chemistry A , 51 , Chandrasekhar , and T. Guru Row. The Journal of Physical Chemistry A , 19 , Rocha , Maria D. Ribeiro da Silva , and Manuel A.

Ribeiro da Silva. The Journal of Physical Chemistry A , 18 , Organometallics , 33 7 , Inorganic Chemistry , 53 7 , The Journal of Organic Chemistry , 79 6 , Charistos , Anastasios G. Papadopoulos , and Michael P. The Journal of Physical Chemistry A , 6 , The Journal of Physical Chemistry A , 45 , The Journal of Physical Chemistry A , 37 , The Journal of Organic Chemistry , 78 16 , Is Uracil Aromatic?

The Journal of Physical Chemistry A , 28 , The Journal of Physical Chemistry C , 19 , The Journal of Physical Chemistry A , 14 , Dral , Milan Kivala , and Timothy Clark. The Journal of Organic Chemistry , 78 5 , Inorganic Chemistry , 52 3 , Description of Aromaticity in Porphyrinoids. Journal of the American Chemical Society , 1 , Wu , and Paul v. Inorganic Chemistry , 51 24 , Psciuk , Richard L. Lord , Charles H. Winter , and H. Bernhard Schlegel.

Can Metallapyrimidines Be Aromatic? Journal of Chemical Theory and Computation , 8 12 , Ivanov and Alexander I. The Journal of Physical Chemistry A , 38 , The Journal of Organic Chemistry , 77 18 , The Journal of Physical Chemistry A , 36 , The Journal of Physical Chemistry A , 12 , Heinemann , Ralph Puchta , Stephan N. Steinmann , Clemence Corminboeuf , and Rudi van Eldik. Inorganic Chemistry , 51 3 , Shakib , Mohammad R. Momeni , Judy I. Organic Letters , 13 14 , Miranda , M.

Agostinha R. Matos , Victor M. Morais , and Joel F. The Journal of Physical Chemistry B , 20 , The Journal of Physical Chemistry C , 20 , The Journal of Organic Chemistry , 76 10 , Inorganic Chemistry , 50 8 , Jemmis , Axel Schulz , and Uwe Rosenthal. Journal of the American Chemical Society , 14 , The Journal of Physical Chemistry A , 13 , The Journal of Physical Chemistry A , 11 , Iron , Revital Cohen , and Boris Rybtchinski.

The Journal of Physical Chemistry A , 10 , Consistent Aromaticity Evaluations of Methylenecyclopropene Analogues. The Journal of Organic Chemistry , 75 23 , Lisovenko and Alexey Y. Inorganic Chemistry , 49 22 , Journal of Chemical Theory and Computation , 6 11 , Aromaticity and Relative Stabilities of Azines. Organic Letters , 12 21 , Fowler , David E. Bean , and Mark Seed. Almeida , M. Morais and Manuel J.

The Journal of Physical Chemistry B , 35 , Chemical Reviews , 7 , Gonthier , Stephan N. How Strained are Carbomeric-Cycloalkanes?. The Journal of Physical Chemistry Letters , 1 10 , Inorganic Chemistry , 49 8 , The Journal of Organic Chemistry , 74 3 , Journal of the American Chemical Society , 15 , The Journal of Organic Chemistry , 66 20 , Journal of the American Chemical Society , 13 , The gas-phase pyrolysis of methyl azidoformate in the absence and presence of water: a theoretical study.

Molecular Physics , 1 , ChemistrySelect , 3 25 , Berkowitz, Stuart W. Synthesis of yellow and red fluorescent 1,3a,6a-triazapentalenes and the theoretical investigation of their optical properties. Chemical Science , 6 2 , Shainyan, Anton V. Kuzmin, Mikhail Yu. Carbenes and nitrenes. An overview. Computational and Theoretical Chemistry , , Tetrahedron , 69 7 , Hadad, Anna D. The ability of triplet nitrenes to abstract hydrogen atoms. Journal of Physical Organic Chemistry , 23 4 , Overkleeft, Gerrit Lodder.

Fingerprints of Singlet and Triplet Phenyl Cations. European Journal of Organic Chemistry , 32 , Photochemical Transformations of Quintet m -Phenylenedinitrenes. Bulletin of the Chemical Society of Japan , 76 11 , Photochemical Reactivity of Azides.

A novel synthesis of 4,5-diarylarylamino-2,3-benzo-1,3a,6a-triazapentalenes. Tetrahedron Letters , 44 40 , Laser flash photolysis study of azides derived from Cr iii and Mn iii salen complexes. New J. Electronic absorption spectra of quintet and septet pyridylnitrenes. Mendeleev Communications , 12 5 , Zelentsov, N. Zelentsova, A. Zhezlov, A. Photooxidation ot organic azides. High Energy Chemistry , 34 3 , Arenas, Juan I.

Marcos, Juan C. A multiconfigurational self-consistent field study of the thermal decomposition of methyl azide.

NO-RISK MATCHED BETTING USA

On 21 August the Complainant, J. KG, filed a complaint by e-mail and ten days later in hardcopy. STAEDTLER is the Complainant's famous trademark this circumstance is not challenged by the Respondent, who, in turn, has declared he is carrying out a project related to name research and genealogy.

The Complainant contends that the domain name was applied for in bad faith and for speculative reasons and that Mr. David Fishman has no right to, or legitimate interest in, the domain name concerned, according to Art 21 1 a and Art 21 2 of Regulation EC No. The website at "staedtler. For instance, the link www. Therefore, for the Complainant, the Respondent has no legitimate interest and is using the domain name to divert consumers; he is also making a commercial use of it by taking advantage of the reputation of the trade mark.

The Respondent, Mr. He is developing a genealogy website based on the generic domain name roots. This project was notified to the Complainant a few days after registration. The Respondent did not have adequate time to develop the planned website, but he points out that there are very few. He also adds that he will need at least two years to develop this project. Furthermore, parking his.

Subsequently, roots. The Respondent claims that the SEDO page supporting these circumstances was destroyed after the complaint lodged by the present Complainant to Google and that primary evidence in favour of Mr. Fishman has thus been destroyed.

The fact that such automated content is paid advertising, should not distract from this claim. Second, it enabled us to track detailed statistics on any Web surfer's behavior on the domain-site. Adding domains to Sedo is a very simple and easy procedure; initial content related to the domain is auto-generated and the domains can be tracked all at once with a simple login.

Sedo provides, in sum, a very powerful and free service that any domain developer should be familiar with. When staedtler. We believe that the use of the name Staedtler as part of roots. The Respondent maintains that he has never used the name 'Staedtler' in a way that could harm Staedtler GmbH. He is interested in genealogy, which is totally unrelated to the Complainant's business.

The Respondent is certainly not interested in inconsequential per-click revenue. Print this Form. Contact webmaster Terms and Conditions Privacy Policy. On 13 June Mr. Complainant The Complainant contends that the domain name was applied for in bad faith and for speculative reasons and that Mr. Respondent The Respondent, Mr. The domain name at issue is certainly identical to the prior right claimed and proved by the Complainant.

Hence, this case has to be decided by applying art. It seems, therefore, that the European Legislator had wanted to increase the legal protection of prior-right owners against possible cybersquatters. In fact, the requirement of art. It will be sufficient for the Complainant to prove one or the other. It thus seems that if a domain name is identical or confusingly similar to a prior right, its holder should prove legitimate interest in the way paragraph 2 indicates and, only if he does so, it will be up to the Complainant to prove bad faith by showing one of more of the instances listed under paragraph 3.

It seems to the Panel that Legitimate interest is a justification that the domain name holder has to prove in order to keep a domain name conflicting with a prior right, while bad faith is a personal condition that has to be proven by the Complainant if the Respondent has successfully proven its legitimate interest. In fact, Art. The first two instances are certainly not applicable in this case.

The Complainant did, however, not provide any evidence which could establish that the Respondent had actual knowledge of the Complainant, his name and his trademark rights in "remarkable". In EURid's verification for the Domain Name the registrant and present Respondent's contact details consist inter alia of the email address "remarkable.

The Complainant filed his Complaint on 21 December and asked for the dispute to be decided by a single Panelist. The Respondent was notified of the Complaint on 5 January and filed his Response on 15 February with a request to have the dispute decided by three Panelists. On 20 February the Complainant filed a non-standard communication as a response to the Response to the Complaint. On 2 March , after the Panel had been constituted, the Respondent also filed a non-standard communication responding to the Complainant's non-standard communication.

Both communications were considered by the Panel. The Complainant asserts that the Respondent has no legitimate interest in the Domain Name. He is neither known by the Domain Name nor is he using the Domain Name other than redirecting it to Remarkable Pencils Limited's web page. The Complainant is of the opinion that the entire conduct of the Respondent, i. The Complainant, furthermore, asserts that the Respondent's history of a pattern of conduct in registering domain names, the offering of the Domain Name for sale and that the Respondent could not have possibly unaware of the Complainant together and or independently amount to a registration or use in bad faith.

Consequently, the Complainant requests the transfer of the Domain Name. The Respondent agrees with the Complainant's assertion that he is engaged in the business of buying and selling domain names. The Respondent admits that he had previously been engaged as a respondent in several proceedings under the ADR. With regard to the redirection of the Domain Name to "www. The Respondent asserts that he follows a legitimate business model in registering and reselling what he describes as "generic" domain names.

Under generic domain names the Respondent understands second-level domains comprised of what the Respondent labels as "ordinary dictionary terms". Consequently, the Respondent requests for the Complaint to be denied. Print this Form.

Contact webmaster Terms and Conditions Privacy Policy. Complainant Respondent A claim for the transfer of the Domain Name to the Complainant requires according to Art. The Complainant asserted two registered trademarks, a Benelux wordmark and a Community logo trade mark, consisting of or comprising the word "remarkable" respectively.

Neither the existence of the marks nor that they are identical or confusing similar to the Domain Name is in dispute between the parties and the Panel therefore does not see a need to elaborate further on this issue. The Panel follows the general rule that a party has to prove all facts which are favourable for and supportive of its own case.

Therefore, the complainant of an ADR. The situation is different with "rights or legitimate interest" under Art. Once the respondent has done so the onus shifts back to the complainant and it is then on the complainant to provide proof that the facts asserted by the respondent are not true cf. Applied to the case at hand, this means the following: the Complainant asserted a lack of right and legitimate interest and in his Response to the Complaint the Respondent explained his business model of "buying and selling generic domain names" and expressed his opinion that in the legal assessment this creates a legitimate interest.

While the Complainant also asserts that the Respondent must have been aware of the Complainant and his trademarks the Respondent denies this and since the Complainant could not raise substantiated doubts with regard to this denial the Panel treats the Respondent as if he had no such knowledge at the relevant time, i. For the further legal assessment the Panel works under the assumption that the Respondent registered the Domain Name — with the help of Realtime's automated system — without being aware of the Complainant and his trademarks if one reads the Respondent's assertions very carefully one will not find a denial that the Respondent has not been aware of the Complainant but only of his trademarks.

However, if one applies the same care to the Complainant's assertion one will find no explicit allegation that the Respondent actually knew of the existence of the Complainant. There was, therefore, no need for the Respondent to deny this explicitly. As stated above, the registration or the use of the domain name in bad faith on the one hand and the registration of the domain name without a right or legitimate interest on the other hand are alternative requirements rather than cumulative ones.

Consequently, the complainant succeeds with his complaint by showing either bad faith or the lack of a right or legitimate interest. The Panel is of the opinion that it might be helpful to explain why the Panel does not follow the Complainant in its assertion that the Domain Name was registered in bad faith before the Panel turns to the pivotal question of the case whether the Domain Name was registered with or without legitimate interest. Out of this non-exhaustive list cf.

ECJ "reifen. In other words the Complainant would have had to show not only that the Domain Name was offered for sale to the general public but specifically to the Complainant. Such an offer or such intent has not been established by the Complainant.

With regard to the Respondent's history of involvement in ADR. While such pattern might have been established for past registrations it does not include the Domain Name. Beyond the examples discussed above, the Panel sees no circumstances which would justify finding bad faith in the conduct of the Respondent outside the non-exhaustive list of examples in Art. Since the Panel did not find an element of bad faith in the registration and use of the domain name according to Art.

The Respondent does not claim to have a right in the Domain Name. The following reasoning therefore only concerns the question of whether the Domain Name had been registered without legitimate interest. The list of examples of legitimate interest given in Art. Under lit. These requirements are in the view of the Panel not fulfilled in the present case. This would only be the case if one would regard the offering for sale of the Domain Name as qualifying to be in connection with the offering of goods or services.

In the opinion of the majority of the Panel this is not what is intended by this provision. Rather there should be a genuine use in form of content being available under the Domain Name. These requirements are in the view of the Panel also not fulfilled in the present case and such requirements are not even alleged by the Respondent.

In particular, using the term "remarkable" as third-level domain within an email-address remarkable. The requirement of non-commercial is in the view of the Panel not fulfilled since offering the Domain Name for sale here for Consequently, the Panel finds that none of the examples listed in Art. However, the Panel is of the opinion that the Art. The Panel is of the view that, considering the similarities in the structure and wording of both paragraphs, there is no reason why Art. The question for the Panel to be answered is then what consequences follow from the fact that the Respondent's course of action fulfils neither of the requirements of Art.

The difficulty in answering this question is that there is little guidance to the meaning of "legitimate interest". The "ordinary meaning" of the words "legitimate interest" seems not to provide much guidance either since "legitimate" is an abstract concept that has to be filled with meaning.

Attempts have been made to evade determining the meaning of "legitimate interest" by reverting to the term "speculative registration" ct. The Recital 16, the title of Art. If one understands "abusive" as a reference to bad faith then it stands to reason to understand "speculative" as a reference to the lack of a right or legitimate interest under Art. Again, the ordinary meaning of the word does not provide much insight and as far as e.

If one defines the English term "speculative" as " 1 based on theory or guesswork rather than on knowledge or 2 investment with a high risk of loss" cf. Oxford Dictionary of Current English, Third Edition, the meaning of the concept becomes not much clearer. For this exercise the majority of the Panel reverts to the three examples given in Art. In doing so the majority of the Panel comes to the conclusion that such common denominator can be identified in the use of term in question, be it as domain name or otherwise.

This requires a use of some form, be it by the holder of the domain name himself or by third parties; where else should the general knowledge come from? The majority of the Panel therefore is of the opinion that no legitimate interest in the Domain Name has been demonstrated. This approach is also followed in ADR. There are also offers to dispose of the Domain Name. This in the absence of any argument or evidence on the part of the Respondent to the contrary, is sufficient to justify a finding of a lack of a legitimate interest".

The majority view within the Panel agrees with this conclusion. For the majority within the Panel the lack of legitimate interest combined with the absence of a right therefore renders the registration of the Domain Name by the Respondent speculative and gives rise to a claim for the transfer of the Domain Name to the Complainant. The minority view within the Panel does not stop at this point but requires some element of bad faith in the conduct of a respondent in order to find a lack of legitimate interest.

In the case of the registration of a domain name for the purpose of offering it for sale, the minority view within the Panel is of the opinion that under the "first come first served" principle anybody must have the right to register as common dictionary word in the present case a common English adjective and offer it for sale unless it can be shown that the holder of the domain name does not trade on the value as a dictionary word but on the value of the Complainant's rights.

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Half time full time income betting system The Journal of Physical Chemistry A14 David Fishman, with Torsten bettinger temp domicile the Registrant of Staedtler. Crocker [Published 23 June ]. It thus seems that if a domain name is identical or confusingly similar to a prior right, its holder should prove legitimate interest in the way paragraph 2 indicates and, only if he does so, it will be up to the Complainant to prove bad faith by showing one of more of the instances listed under paragraph 3. These factual assertions by the Complainant are not denied or contested by the Respondent. Willett to Dr. Crocker [Published 4 April ].
Sports betting sites ratings Cited By. Many multicycle PAHs can be synthesized photochemically; in contrast, very little is known about the photochemistry of their BN-doped counterparts. Jose Manuel grupoelectrolux. Tom Reed to Dr. Citations are the number of other articles citing this article, calculated by Crossref and updated daily. This article is cited by 4 publications. While such pattern might have been established for past registrations it does not include the Domain Name.
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Organization (4) · Temp name Temp Last Name, Temp Organization (2) Towns (1) · William F. Hamilton (1) · W. Scott Blackmer (1) · Torsten Bettinger (1) · Tony. In order to GDRP compliance, ICANN's Temporary Specification regulates 36 Torsten Bettinger, Allegra Waddell, Domain Name Law and. (). Torsten Bettinger & Dorothee Thum, Territorial Trademark Rights in the Global. Village? Constitutional?, 9 Temp. Pol. & Civ. Rts. L. Rev.