Friday, December 1, 2017

#351 - lurpak.ca - TRANSFER GRANTED

The Complainant owns the LURPAK trademark, registered in Canada since 1994, used since 1957 in association with dairy products.  The Registrant registered the Domain Name in 2016, and operates a pay-per-click website featuring links to the Complainant's competitor's products. 

The Panel found that the Domain Name was registered in bad faith, as it was offered for sale to the Complainant for $5,999.00 USD. Additionally, the Complainant registered around 220 additional domain names including those incorporating well-known trademarks.

You can read the decision here.

Monday, November 20, 2017

#350 - KIJIJIapp.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 offering internet users a competing fraudulent software application using the KIJIJI trademark. 

Although not explicitly addressed by the Panel, this case is a reminder to be very careful when downloading apps to your phone and not unwillingly expose your personal information to these fraudsters. 

You can read the decision here

Thursday, November 9, 2017

#349 - tdeasyweb.ca - TRANSFER GRANTED


The Complainant is the second largest bank of Canada and its tdcanadatrust.com website had 9.6 million visitors in July 2017 alone.  The Complainant owns several trademarks in Canada including TD and EASYWEB. Although the Domain Name was being used by an unrelated website (redirecting users to a website about automobiles, edmunds.com), the Panel found that the Domain Name was registered in bad faith because on “initial interest confusion”, and there was no reason for the Registrant o piggyback on the domain name’s popularity of the TD family of trademarks.


You can read the decision here.

Wednesday, November 8, 2017

#348 - tdbankonline.ca - TRANSFER GRANTED


The Complainant is the sixth largest bank in North America and its tdbank.com website has an estimated 2.61 million visitors per month.  The Complainant owns several registered trademarks in Canada including TD and TD BANK. The Panel found that the Domain Name was registered in bad faith because they were being used as pay-per-click websites forwarding traffic to sites that compete with the Complainant, and the Registrant failed to respond to the Complainant’s attempt to communicate with it through CIRA’s message delivery form.

You can read the decision here

#347 - tdcanadatrusts.ca - TRANSFER GRANTED

The Complainant is the second largest bank of Canada and its tdcanadatrust.com website had 9.6 million visitors in July 2017 alone.  The Complainant owns several registered trademarks in Canada including TD and CANADA TRUST. The Panel found that the Domain Name was registered in bad faith because they were being used in a malicious phishing scheme, and the Registrant failed to respond to the Complainant’s cease and desist letters.

You can read the decision here

Wednesday, October 18, 2017

#346 - agmbasements.ca and agmrenovations.ca - TRANSFER GRANTED

The Complainant offers basement and interior renovations services in Canada using the AGM trademark.  Although not yet registered as a trademark, the Complainant provided website screenshots showing use of the AGM trademark, and evidence of the registration of a business name (years prior to the registration of this Domain Name).  The Domain Name was used by a competing business, and the text of the web site included the terms "WHY WE'RE BETTER", and was forwarding visitors to the website basementscanada.com.

The Panel found bad faith because the Registrant's business was named Penguin Basements, and the Panel could find no other reason to use the AGM mark in its Domain Name other than to trade on the Complainant's goodwill.

Of note: the Complainant asked for its costs, and the Panel opined that paragraph 12.6 (up to $5,000.00 payment to registrant if complaint commenced in bad faith) and 14.4 (non-refundable fees) indicates that CIRA did not intend for costs to be awarded in these administrative proceedings.

You can read the decision here.

#345 - whatsapp.ca - TRANSFER GRANTED

The Complainant owns one of the world's most popular messaging application services, with over 1 billion active monthly users. Its WHATSAPP trademark was registered in Canada in 2012. The Domain Name was registered in 2015. The Registrant did not respond to the Complaint. 

The Panel found that the Domain Name was registered in bad faith as (1) the Registrant acquired the Domain Name shortly after Facebook announced its acquisition of the Complainant, (2) following delivery of a cease and desist letter, the Registrant offered to sell the Domain Name for an amount in excess of its reasonable out of pocket expenses and (3) the Registrant has engaged in a pattern of this wrongful conduct, registering victoriasecret.ca, nordstrom.ca and celinedion.ca.

You can read the decision here.