Dedicated to your Domain Name needs. Thursday, November 4, 2021 #466 - nunavutparks.ca - TRANSFER GRANTED The Complainant is a division of the Government of Nunavut, and owns all IP associated with the territorial parks of Nunavut. The Registrant's website contained pictures and details almost identical to the Complainant's website. The Registrant did not submit a formal response but emailed and offered to sell the Domain Name as it was purchased along with other lots of Domain Names. The Panel found that the Domain Name was registered in bad faith, because the Registrant amended the content of the website removing the Complainant's IP and offered to sell the Domain AFTER it learned the Complaint was filed. You can read the decision here. No comments: Email This BlogThis! Share to Twitter Share to Facebook Share to Pinterest Monday, October 25, 2021 #465 - DAIICHISANKYO.ca - TRANASFER GRANTED DAIICHI SANKYO is a global pharmaceutical company, and owns a registered trademark in Canada. The Registrant filed a response, but the mostly blank document did not contest the Complainant's submissions. The Domain Name was being used as a pay-per-click site. The Panel found that the Domain Name was registered in bad faith, as previous panels have held that monetized pay-per-click sites can demonstrate bad faith. You can read the decision here. No comments: Email This BlogThis! Share to Twitter Share to Facebook Share to Pinterest Tuesday, September 28, 2021 #464 - LOXONE.CA - transfer granted The Complaint owns the LOXONE trademark, registered in Canada in association with smart home systems. Prior to registration in Canada, the Complainant owned numerous trademarks registered internationally, and registered multiple domain names using LOXONE. The Registrant registered the Domain Name in February 2013 while it was negotiating with the Complaint to become the Complainant’s business partner in Canada. Contrary to the Complainant’s clear guidelines, the Registrant registered the Domain Name without permission. The Panel found that the Domain Name was registered in bad faith because the Registrant was aware of the Complainant and its trademarks and registered the disputed domain name for no other purpose than to offer Internet users competing products, for its commercial gain. You can read the decision here. No comments: Email This BlogThis! Share to Twitter Share to Facebook Share to Pinterest Monday, August 23, 2021 #463 - investment-finder.ca - COMPLAINT DISMISSED The Complainant is the owner of the highly popular FIDELITY INVESTMENTS trademarks in Canada. The Complainant alleges that the Registrant is using the Domain Name in a malicious scam phishing campaign. Unfortunately, and despite the Registrant's failure to respond, the Panel found that the word INVESTMENTS (a common English word) is disclaimed apart from the trademark and therefore the Domain Name is not likely to be mistaken for the FIDELITY INVESTMENTS trademark. You can read the decision here. No comments: Email This BlogThis! Share to Twitter Share to Facebook Share to Pinterest Wednesday, August 4, 2021 #462 - enterpriserent.ca - TRANSFER GRANTED The Complainant owns the highly-popular ENTERPRISE trademark, used in connection with car rental and leasing services. The Registrant did not respond. Interestingly, an affidavit was filed by the 'contact person' listed as the Registrant, who confirmed that it did not register the Domain Name and is not affiliated with it, nor the listed email address. This adds to the growing list of 'Registrants' that are using names, business names, and/or addresses of Canadians in an effort to satisfy presence requirements - an obvious issue that CIRA must address as the problem continues to grow. The Panel found that the Domain Name was registered in bad faith especially in light of the Registrant's failure to provide accurate registration information with respect to the Domain Name. You can read the decision here. 1 comment: Email This BlogThis! Share to Twitter Share to Facebook Share to Pinterest Wednesday, July 28, 2021 #461 - SKECHERSSHOESCANADAOUTLET.CA - TRANSFER GRANTED The Complainant owns the SKECHERS trademark, registered in Canada for use in association with footwear, well in advance of the date of registration of the Domain Name. The Domain Name contained numerous false assertions, typos and other misstatements leading a consumer to believe that the web site is associated with Skechers. We note that the Skechers goods on the website indicate discounts between 44% - 67%, and are likely counterfeit. The Panel found that the Domain Name was registered in bad faith because the content on the web site indicates it is "powered by Skechers Canada" and that the copyright belongs to "Skechers Canada". You can read the decision here. No comments: Email This BlogThis! Share to Twitter Share to Facebook Share to Pinterest Friday, July 16, 2021 #459 - fpl.ca - REFUSED The Complainant protects forests with services such as fire management, pest management and aerial surveys. It owns the FPL trademark in Canada. The Registrant purchased the three-letter domain name as an investment to re-sell, or use and develop the website. The Registrant filed a declaration that it had never heard of the Registrant or the FPL trademark until it received the CDRP Complaint. However, the Complainant's trademark was registered three years after the Domain Name, and the Panel found that the Complainant failed to establish use of the Mark predating the Registration of the Domain Name. Further, the Panel found that there was no evidence of bad faith provided. You can read the decision here. 1 comment: Email This BlogThis! Share to Twitter Share to Facebook Share to Pinterest Older Posts Home Subscribe to: Posts (Atom) Presented By: Brand Lawyer Canada is also brought to you by: David S. Lipkus View my complete profile Blog Archive ▼ 2021 (18) ▼ November (1) #466 - nunavutparks.ca - TRANSFER GRANTED ► October (1) ► September (1) ► August (2) ► July (4) ► June (2) ► May (1) ► April (1) ► March (1) ► February (1) ► January (3) ► 2020 (40) ► 2019 (23) ► 2018 (25) ► 2017 (23) ► 2016 (24) ► 2015 (29) ► 2014 (31) ► 2013 (35) ► 2012 (34) Brand Lawyer Canada. Awesome Inc. theme. Powered by Blogger. 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