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4. Factual Background
Complainant introduced the world’s first microprocessor in 1971, the 4004. In 1992, Complainant announced the introduction of its first PENTIUM processor. Complainant received its first U.S. trademark registration for its PENTIUM mark in 1994.
In 1998, Complainant’s worldwide revenues exceeded US$26 billion, of which at least US$19 billion was attributable to PENTIUM processor sales. In 1999, Complainant’s worldwide revenues exceeded US$29 billion of which at least US$18.8 billion was attributable to PENTIUM processor sales.
By 2005, Complainant’s worldwide revenues had increased to approximately US$ 39 billion, of which at least US$22.4 billion was attributable to PENTIUM processor sales. Since that time Complainant’s annual worldwide revenues have remained in the US$35-40 billion range, with revenues attributable to PENTIUM processor sales totaling about US$1.5 billion annually.
Complainant owns over 500 foreign trademark registrations for its PENTIUM mark in approximately 175 jurisdictions throughout the world. Some of these registrations are: United States Reg. No. 1834434 for PENTIUM for computer hardware, namely, microprocessors, registered on May 3, 1994; and U.S. Reg. Nos. 2173650 and 2201867, issued July 14, 1998, and November 3, 1998, respectively for PENTIUM for a vast array of computer and computer-related goods. In 1998, Complainant spent in excess of US$140 million dollars to advertise its PENTIUM processors, and in 2005 it spent in excess of US$150,000.
Complainant’s PENTIUM mark has been declared famous by numerous courts and trademark administrative bodies around the world, including the following jurisdictions: Republic of China, Costa Rica, Czech Republic, France, Greece, Republic of Korea, Russia Federation, Slovak Republic, Spain, Switzerland, Taiwan, Province of China, Turkey, and the United States.
Complainant has registered 84 PENTIUM-based domain names worldwide, including <pentium.com>, <pentium.org>, and <pentium.net>. Complainant registered <pentium.com> in 1996, and subsequently registered <pentium.org>. Complainant acquired <pentium.net> as a result of another UDRP decision, as discussed infra, in 2002.
When an Internet user enters one of Respondent’s Domain Names, he or she is directed to a “parking” webpage showing primarily sponsored links. While the links change with each view, they invariably include prominent references to Complainant and its products. Moreover, several of these links take users to third party websites where users can purchase Complainant’s products. Complainant has not authorized such uses of its marks.
There is an Opposition pending in front of the OHIM regarding the trademark PENTIUM FUND.
The Domain Name <pentiumfund.com> was registered on May 1, 1999.
The Domain Names <pentiumfund.org> and <pentiumfund.net> were registered on October 17, 2006.