Monday, May 21, 2018

#367 - kijijiautos.ca - TRANSFER GRANTED


The Complainant is the owner of the KIJIJI registered trademark in Canada, the premiere online classified’s service in Canada to buy/sell/trade. 


The Panel found that the Domain Name was registered in bad faith because the Registrant was using a pay-per-click website offering “competing” services, as one of the links was “cheap used BMW cars”. 

You can read the decision here.

Wednesday, May 2, 2018

#366 - thepetplan.ca - TRANSFER GRANTED


The Complainant is an Allianz Insurance subsidiary, and owns the PET PLAN trademark, registered for use in association with insurance brokerage services in connection with health insurance for domestic animals (registered in Canada since 1996). The Domain Name was registered on December 5, 2017.  The Domain Name was being used as a pay-per-click website, and was being offered for sale $2,500.00, well in excess of any reasonable out-of-pocket expenses.  The Panel found that the Domain name was registered in bad faith – in part because of the conflicting e-mail responses to BCICAC following delivery of the Complaint (no formal response was provided).  He first stated that he intended to use the Domain Name as a hobby blog.   He later said that he wished to delete the Domain name and intended to do so “from day 1”. 

You can read the decision here

Wednesday, April 4, 2018

#365 - lemetropolitain.ca - TRANSFER GRANTED

The Complainant publishes a French language weekly newspaper, Le Metropolitain within the Greater Toronto Area.  It first published the newspaper in 1993, with weekly readership of approximately 10,000 people. The Complainant registered LE METROPOLITAIN as a trade name in 2013.  The Registrant publishes a weekly French language newspaper called L'Express, and is a main competitor of the Complainants.

The Complainant alleges that the harmful conduct includes directing visitor's to the Registrant's website (l-express.ca) which reduces the amount of revenue that the Complainant is able to generate from advertisers.

Although no formal response was provided, the Registrant agreed to "voluntarily release the domain name".  However, the Complainant requested the decision and the Panel found that the Domain Name was registered in bad faith because the Registrant chose the Domain Name with a view to attracting business from those that recognize the Complainant's trademark. Given that the two parties are direct competitors, there is little doubt that the Registrant was aware of the Complainant's trademark at the time it registered the Domain Name.

You can read the decision here.

Wednesday, March 14, 2018

#364 - paylesshoes.ca - TRANSFER GRANTED


The Complainant opened its first PAYLESS SHOESOURCE retail shoe location in Canada in 1997, and now operates over retail locations across 10 provinces.  In 2008, its sales were in excess of $180,000,000.00/year and over 25,000,000 pairs of footwear sold.  The Registrant registered its Domain Name in 2004, long after the Complainant registered its trademarks.

The Panel found that the Domain Name was registered in bad faith because the Registrant was operating pay-per-click site, and obtaining advertising revenue from third parties.

You can read the decision here

#363 - sinex.ca - TRANSFER GRANTED


The Complainant, The Procter & Gamble Company, owns the SINEX trademark, used in Canada since 1960, in association with sinus relief products.

The Panel held that the Registrant’s asking for a quote/offer after delivery of a cease and desist letter by the Complainant was not is evidence of bad faith. However, the Panel found that use of the Domain Name with sponsored links to allergy nose sprays including the Complainant’s competitors was evidence of bad faith. 

You can read the decision here.

Tuesday, February 27, 2018

#362 - vfis.ca and vfiscanada.ca - TRANSFER GRANTED

The Complainant is a US organization providing insurance services in Canada through licensed agents for several decades using the VFIS mark (registered in Canada as early as 1994, long before the disputed domain names were registered in 2015).  The Registrant used the domain name to forward users to its website, providentbenefits.ca, offering competing insurance products. 

The Panel found that the Domain Name was registered in bad faith because the Registrant is a competitor of the Complainant, and the website is likely leading to further financial loss to the Complainant. 

You can read the decision here

Monday, February 19, 2018

#361 - mypillow.ca - COMPLAINT DENIED

The Complainant owns the MYPILLOW trademark registered since March, 2013 with a date of first use in Canada in January, 2008.  The Registrant registered in the Domain Name on March 2, 2010.  The Domain Name redirects users to the Registrant's primary business, www.ecoeteco.com (where the Registrant does sell pillows).  The Registrant states that she was unaware of the existence of the Complainant's mark, ignored the Complainant's cease and desist letter received two years ago and uses the site as a marketing tool to attract customers. 

The Panel found that the Registrant failed to submit evidence of use of MYPILLOW as a trademark prior the registration of the Domain Name.

The Panel further held that the Domain Name was not registered in bad faith because the mark is descriptive and the Registrant swore an affidavit confirming that she was unaware of the Domain Name at the time it was registered.

You can read the decision here.