Friday, September 15, 2017

#342 - KOODOTEL.CA - transfer granted

The Complainants, Telus Corporation and Indeed Canada Corp., own the KOODO trademark (registered since April 2014) and offer telecommunication services including postpaid and prepaid wireless voice and data services, respectively. 

The Registrant registered its Domain Name in May 2017 and offer "black market" mobile phone plans to its customers (where third parties switch users phone plans to provinces in which less expensive rates are available). 


Although there was a small disclaimer on the website, the Panel found it was clearly intended to be overlooked (bad faith), and concluded that there was no evidence of any personal or business interest in the Domain Name (no legitimate interest). 

You can read the decision here

Friday, September 1, 2017

#341 - myindeed.ca - TRANSFER GRANTED

The Complainant provides the world's largest job's website, and owns the registered INDEED trademark in Canada.  In addition to creating a website that was very similar to the Complainant's (using the Complainant's marks), the Registrant was involved in a vicious phishing scheme to obtain personal information from the Complainant's customers.

The Registrant did not respond  to the Complainant's cease and desist letter. The Panel found bad faith as a result of the similarity in the Restraint's website (in comparison to the Complainant's site), and the fact that the Registrant was seeking contact details and a "utility bill, tax document or business document" from the visitors to the Domain Name.

You can read the decision here.

#340 - cheapoairs.ca - TRANSFER GRANTED

The Complainant registered its CHEAPOAIR trademark in Canada in 2011.  The Registrant added an "s" to the mark, and registered the Domain Name on January 18, 2016. The Panel found that the Domain Name was registered in bad faith because the Registrant directed users to a competitor's website.  Additionally, the after receiving a cease and desist letter, the Complainant parked the page (offering it for sale), and never responded to the Complainant's offer to reimburse the reasonable costs associated with the registration and transfer of the Domain Name to the Complainant.

You can read the decision here.

Thursday, August 17, 2017

#339 - rsrs.ca - TRANSFER GRANTED

The Complainant, Record Storage & Retrieval Services Inc. established common law use of the RSRS mark in Canada by providing magazine advertisements published in the Ontario Medical Review in 2009, before the Registrant registered the Domain.  The Complainant specialize in document management. 

The Domain Name forwards users to the Docudavit website, a direct competitor of the Complainant. The Panel found that the Domain Name was registered in bad faith because the Complainant failed to renew its domain name and the Registrant pounced on this opportunity to financially benefit.  However, the Registrant's attempts to sell the Domain Name to the Complainant for between $7,500.00 - $10,000.00 (an estimate he believed was half the amount of litigating this dispute) completely failed.

You can read the decision here.

Friday, June 30, 2017

336 - armanibeauty.ca - TRANSFER GRANTED

The Complainant is one of the most famous fashion brands in the world, (based out of Italy) and owner of the ARMANI trademarks registered in Canada since 1992. 

The Panel found that the Domain Name is confusingly similar to the ARMANI mark and the addition of the term 'beauty' adds to any potential confusion given that the Complainant carries on business in that field. 


The Panel found that the Domain Name (used as pay-per-click) was registered in bad faith because the $90.00 offer located on the web site was simply a minimum offer and the Registrant would facilitate a "quick transfer at the price of $1,999". 

335 - regeneron.ca - TRANSFER GRANTED

The Complainant, Regeneron Pharmaceuticals, Inc. is a leading science and technology company delivering life-transforming medicines for serious diseases, and owns the REGENERON trademark in Canada (registered since 1998). The Registrant registered the Domain Name in December, 2016 and did not technically respond to the Complaint. The panel found that the Domain Name was registered in bad faith because the Registrant was engaged in a pattern of conduct registering domain names belonging to third party rights holders, had previously lost in an unrelated UDRP proceeding, and in response to this Complaint delivered an email offering to sell the Domain Name to the Complainant in the amount of $1,500.00. 

Friday, April 28, 2017

#334 - midea.ca - TRANSFER GRANTED

The Complainant owns several MIDEA trademarks registered in Canada. Despite the Registrant's request to file a late response (albeit after the deadline), the panel refused to do so citing paragraphs 5.4 or 5.6 of the Rules.  Despite relying on the UDRP, the Panel found that the Domain Name was registered in bad faith because the registered mark had been well known and used for many years in Canada and was well known.  The Panel did not infer bad faith based on the evidence that the Registrant was inviting offers for purchase of the Domain Name.

You can read the decision here.