Monday, January 15, 2018

#355 - reginalutheranhome.ca and theedengroupofcompanies.ca - TRANSFER GRANTED


The Complainant, owner of the REGINA LUTHERAN HOME and EDEN CARE COMMUNITIES, used in Canada as early as 1963 and 2011, respectively. The Registrant registered the Domain Names in October, 2017.  The Complainant alleges that the Domain Name was set up to disrupt the business of the Complainant and extort money from the Complainant.  The two parties are entrenched in a vicious dispute that has made its way to the local media and Police.  The Registrant is a council member of the Complainant’s business, and his wife its former chair person.  He alleges that the Domain Name was registered in good faith to criticize the business (including its mismanagement and finances) of the Complainant.  The web site directs visitors looking for the Complainant to its actual web site (by hyperlink).


The Panel found that the Domain Name was registered in bad faith.  The Panel analyzed whether the web site was registered for the purpose of valid criticism, and held that although some of the material on the web site is criticism, the material as a whole is not.  The Registrant appears to be fixated on a vendetta against the Complainant’s former CEO, and the material on the site lacks objectivity, and is therefore not within the meaning of criticism.  Additionally, in communication between the parties prior to the registration of the Domain Names, the Registrant did seek compensation (and an apology) from the Complainant and would have abandoned his “project”.


Interestingly, the Registrant sought its costs associated with responding to the Complaint, which was rejected because the Complaint was not brought in bad faith.

You can read the decision here

Thursday, December 21, 2017

#354 - paylessshoes.ca - TRANSFER GRANTED

The Complainant is a leading retailer of footwear and related accessories and opened its first store in Canada in 1997.  It owns a family of trademarks registered in Canada for use in association with shoes or the retail sale of shoes.  The Complainant's sales between 2008 and 2011 are in excess of 180 million dollars per year.

The Domain Name was registered in 2008 and is parked as a pay-per-click site. The Panel found that the Domain Name was registered in bad faith because internet users that visit the site may believe there is an affiliation, endorsement or approval by the Complainant.

You can read the decision here.

#352 - rheem.ca - TRANSFER GRANTED

The Complainant is reportedly the largest manufacturer of residential and commercial water heating, cooling, pool/spa heating and refrigeration products in North America.  The Complainant opened its office in Hamilton, Ontario in 1947 and one of the RHEEM registered trademarks claims first use in Canada since 1939. The Complainant uses the rheem.com domain name and visitors in Canada are pointed to canada.rheem.com.

The Domain Name was registered in April, 2017 and was forwarding user's to chauffeeauengros.com a provider of the Complainant's and goods and competitor's goods. The Panel found that the Domain Name was registered in bad faith because, amongst other things, the Registrant ignored cease and desist letters, and is driving traffic away from the Complainant's website.

You can read the decision here.


#353 - queensuniversity.ca - TRANSFER GRANTED

The Complainant has been using the Queen's University at Kingston Ontario name since at least as early as 1905. Its official mark QUEEN'S was advertised in April 1985.  It has used the queensu.ca domain name since 2000. The Domain Name was registered in January, 2003.

The Registrant failed to respond to the Complaint.  The Panel found that the Registrant registered the Domain Name in bad faith and inferred that the sole purpose of registering the Domain Name was to bring it to the attention of the Complainant.  Additionally, the Registrant is a cyber-squatter and and owns several popular trademarks belonging to other brands. 

You can read the decision here.

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.