On the positive side earnings have been better than expected or at least quite a few companies have beaten the lowered expectations for Q1.
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However, “the Panel has accepted the Response’s self-identification of the Respondent, the case caption having been changed, above, accordingly.” Identity or Confusing Similarity The Panel accepts Herbalife’s trademark registrations as proof of its rights in the HERBALIFE mark, “regardless of whether Complainant owns a trademark registration in the country where Respondent resides.” The disputed domain incorporates the HERBALIFE mark, and merely adds the geographically descriptive term “UAE” (an abbreviation referring to the United Arab Emirates).
[Neither the decision nor the website at the disputed domain makes clear where Haider operates–Bahrain, the United Arab Emirates, or both.] Procedural The Panel notes that the WHOIS information for the disputed domain contains contact information that does not explicitly identify Haider.
of Los Angeles, California, United States of America (“United States”), represented by Manatt, Phelps & Phillips, LLP, United States.
The Respondent is Agboola Hans, Hans Finest Solutions of Ifo, Ogun, Nigeria.
trademark registrations for the mark HERBALIFE dating back to at least 1983.
Decision “[I]t is Ordered that the domain name be RETAINED by Respondent.” Commentary This decision is frustratingly short on details.
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The rebound lifted the major indexes back to resistance and Friday's gains were minimal.