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.

#333 - wilsonamplifiers.ca - Domain Transferred

The Domain Name was registered on September 20, 2015.  The Registrant was using the Domain Name to offer for sale and sell competing products (wireless equipment with the brand SURE CALL). The Panel found bad faith because the Complainant had been selling equipment since 2000, and the Registrant was not licensed or authorized by the Complainant.

You can read the decision here.

Thursday, February 16, 2017

#332 - cathaydragon.ca - TRANSFER GRANTED

The Complainant, Cathay Pacific Airways Limited owns the CATHAY PACIFIC and DRAGONAIR trademarks in Canada.  It previously lost a complained filed with Resolution Canada in July, 2016 without prejudice to seeking further relief by arguing rights in a Mark based on its trade name CATHAY DRAGON (instead of a trademark).

On January 28, 2016, the Complainant announced that it was re-branding its airline to CATHAY DRAGON.  That same day, it applied for trademarks in several countries, including Canada.  The Domain Name was registered 2 days later, on January 30, 2016. The Registrant did not respond.


The Panel found that the re-branding announcement on January 28, 2016 qualifies as evidence that the Complainant began trading under the CATHAY DRAGON trade name, which qualifies as a Mark under the Policy (paragraph 3.2(a)).   The Panel found bad faith based on the suspicious timing of the registration, and because the Registrant was offering the Domain Name for sale for 7,999 EUR. 

You can read the decision here

Thursday, February 2, 2017

#331 - vibram.ca - TRANSFER GRANTED

The Complainant, Vibram S.p.A., is a popular manufacturer of rubber outsoles for footwear. The Registrant is Interex Corporate Registration Services Inc. (often represented by known cyber-squatter Daniel Mullen). The Domain Name was registered on August 31, 2009.

The Registrant attacked the Complainant’s registered trademark, and argued that the Complainant should fail on the basis of the doctrine of laches since the Complaint was filed seven years after registration of the Domain name.  


The Panel correctly found: (1) that this is not the appropriate forum to dispute the validity of a registered trademark, (2) clarified the test for assessing confusion (first impression and imperfect recollection) which is different from a section 6(5) Trademarks Act analysis (see: fordparts.ca decision), and (3) found bad faith because the Registrant has engaged in a pattern of unauthorized domain name registrations containing third party trademarks - there are numerous previous CDRP decisions involving the Registrant and Daniel Mullen.  

You can read the decision here

Tuesday, January 24, 2017

#330 - homedpeot.ca - TRANSFER GRANTED

The Domain name at issue is homedpeot.ca. Home Depot International, Inc. (and Home Depot of Canada Inc.) is Canada’s leading home improvement specialty retailer with 182 stores across Canada. The Registrant registered the Domain Name on November 11, 2005, and Home Depot registered the HOME DEPOT trademark in Canada in 1999, but entered the Canadian market in 1994. 

The Registrant, a known cyber-squatter, Terry Davies, did not respond. The Panel found there was evidence of bad faith because the Registrant was operating a pay-per-click website linking users to competing businesses (including Lowe’s) and the Registrant had previously typo-squatted other domain names belonging to rights holders in the past, including, aircanadaa.ca, costcoo.ca, cotco.ca, and toytota.ca.

You can read the decision here

Wednesday, December 21, 2016

#329 - capitalonecallcentrejobs.ca and emploiscentredappelscapitalone.ca - TRANSFER GRANTED


The Complainant owns the CAPITAL ONE trademarks.  The Domain Names were registered in May, 2014.  The Domain Names resolved to websites containing information about the Complainant, and use of the Complainant's trademarks.  The websites appear to be some form of phishing campaign - there was a large red APPLY ONLINE HERE button on the website. 


The Panel found that the Domain Name was registered in bad faith because the Registrant was attempting to pass itself off as the Complainant. 


You can read the decision here.

#328 - huronconsultinggroup.ca - TRANSFER GRANTED

The Complainant owns the HURON CONSULTING GROUP trademarks registered since February 17, 2017 and has conducted business in Canada since at least 2005.  The Domain Name was registered on July 8, 2016 and resolves to a replica of the Complainant's website containing.  Following delivery of a cease and desist letter, the Registrant parked the website and it does not currently resolve to any active website. 


The panel found bad faith because the domain name was involved in a malicious phishing scheme purportedly offering employment with the Complainant and soliciting applications and other materials from the recipients of the emails. 


You can read the decision here.