Tuesday, June 5, 2018

#369 - deltanine.ca - TRANSFER GRANTED

The Complainant is based in Winnipeg, Manitoba and obtained a production licence from Health Canada under the Marijuana for Medical Purposes Regulations in December 2013 (and a license to distribute medical cannabis was granted in March 2014).  It owns the family of unregistered trademarks DELTA 9, which were used in Canada since at least as early as December 2013.  The Registrant is a "competitor" of the Complainant operating an illegal marijuana dispensary (which has been robbed, raided by the Police and shut down several times).

The Panel found that the Domain Name was registered in bad faith because the services offered by the Registrant compete with the Complainant (albeit illegally so). Additionally, the Panel held that there is a real danger to the goodwill of the Complainant's business if internet users are diverted to an illegal business.

The Decision can be found here.

Thursday, May 24, 2018

#368 - redwingshoes.ca - TRANSFER GRANTED

The Complainant (founded in 1905) owns the family of RED WING trademarks, and registered for use in association with footwear. The Domain Name was registered in July, 2017, and the Registrant did not respond to the Complaint.  Currently, the Registrant directs consumers to a third party site at reddhart.ca, which sells footwear protects for brands other than the Complainant.

The Panel found that the Domain Name was registered in bad faith because the Registrant was attempting to find buyers for its footwear products.

You can read the decision here.

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.