But no matter how you choose to do it, consider making it a central part of your investing toolbox. Not investment advice, or a recommendation of any security, strategy, or account type. Be sure to understand all risks involved with each strategy, including commission costs, before attempting to place any trade. Clients must consider all relevant risk factors, including their own personal financial situations, before trading. Market volatility, volume, and system availability may delay account access and trade executions.
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Options trading subject to TD Ameritrade review and approval. Please read Characteristics and Risks of Standardized Options before investing in options. Supporting documentation for any claims, comparisons, statistics, or other technical data will be supplied upon request. This is not an offer or solicitation in any jurisdiction where we are not authorized to do business or where such offer or solicitation would be contrary to the local laws and regulations of that jurisdiction, including, but not limited to persons residing in Australia, Canada, Hong Kong, Japan, Saudi Arabia, Singapore, UK, and the countries of the European Union.
TD Ameritrade, Inc. All rights reserved. Home Trading Trading Basics. How Do You Figure? By Ticker Tape Editors February 17, 3 min read. Start your email subscription. Recommended for you. Related Videos. Stocks: What's the Difference? Call Us Site Map. The disputed domain name is used by the Respondent to host a website which appears to offer identical services of the Complainant, which does not confer a genuine good faith use.
The Respondent has no connection or affiliation with the Complainant and has not received any license or consent to use the mark in any way. The Complainant finally asserts that the Respondent registered and is using the disputed domain name in bad faith.
The Respondent has engaged in a pattern of registering trade mark-abusive domain names to prevent trade mark holders from reflecting their mark in a corresponding domain name. Initially, the Panel must address the language of the proceeding. Paragraph 11 a of the Rules provides that the language of the administrative proceeding shall be the language of the Registration Agreement unless otherwise agreed by the parties, subject to the authority of the panel to determine otherwise, having regard to the circumstances of the administrative proceeding.
In this case, the Registrar has confirmed to the Center that the language of the Registration Agreement is Chinese. However, the Complainant has requested that English be adopted as the language of the proceeding:. The website attached to the disputed domain name is fully available in English. However, the Panel notes that according to the screenshot provided by the Complainant, the disputed domain name used to resolve to a website in Chinese.
The Respondent also operates other English language websites and has registered domain names containing English words. It is established practice to take paragraphs 10 b and c of the Rules into consideration for the purpose of determining the language of the proceeding, in order to ensure fairness to the parties and the maintenance of an inexpensive and expeditious avenue for resolving domain name disputes.
Language requirements should not lead to undue burdens being placed on the parties and undue delay to the proceeding. The Panel having considered the circumstances finds that English shall be the language of this proceeding. The reasons are set out below. Requiring the Complainant to submit documents in Chinese would lead to delay and cause the Complainant to incur translation expenses;.
Even if the Respondent does not possess a sufficient command of English to understand the Complaint, the Panel also notes that there were ample opportunities for the Respondent to raise an objection. The Complaint has been submitted in English. No foreseeable procedural benefit may be served by requiring Chinese to be used.
On the other hand, the proceeding may proceed expeditiously in English. The Panel is satisfied that the Complainant has adduced evidence to demonstrate its established rights in the FXCM mark. The positioning of the FXCM trade mark in the front of the disputed domain name makes it instantly recognizable. In cases where a domain name incorporates the entirety of a trade mark, or where at least a dominant feature of the relevant mark is recognizable in the domain name, the domain name will normally be considered confusingly similar to that mark for purposes of UDRP standing.
See section 1. In circumstances where the Complainant possesses exclusive rights to the FXCM trade mark, whereas the Respondent seems to have no trade mark rights, the Panel is satisfied that the Complainant has established a prima facie case that the Respondent lacks rights or legitimate interests in the disputed domain name, and the burden of production shifts to the Respondent.
See section 2. There is no indication to show that the Respondent is commonly known by the disputed domain name or otherwise has rights or legitimate interests in it. The Respondent is now passively holding the disputed domain name.
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