Wednesday, March 21, 2012
After being served with the Complaint, and despite contacting the British Columbia International Commercial Arbitration Centre and inquiring into possible ways to file a request for a deferral of his response, the Registrant (Steven Black) did not respond to the Complaint. The Domain Name was registered in 2010, well after the FLOVENT trade-mark was registered by the Complainant in 1995. The Domain Name was being offered for sale at a price of $500.00 (via the RegistrantÂ’s website). However, after service of a cease and desist letter, the Registrant balked and communicated via e-mail that he previously sold notable.ca for $3,000.00, which he believed to be reasonable for a 7-letter domain. No offer was subsequently made. This case will assist rights-holders as the panelist found there was no evidence that the Registrant had any use for the Domain Name other than to sell it.
Thursday, March 1, 2012
The Registrant (Netnic Corporation) responded to the Complaint. The Complainant owns a number of trade-marks in Canada which include “COINTREAU” in word or word/logo form, including one that has been used in Canada as early as 1910 (in association with liquers). Prior to delivering the Complaint, the Complainant offered $350.00 to acquire the Domain Name and Mr. Mullen (representative of Netnic – not the Golden State Warrior) balked and thought 2,500 Euros was the “correct amount” [Note: he advised the Complainant he was negotiating on behalf of his unidentified customer]. This case will assist rights-holders given the panelists analysis of the bad faith requirements, including finding that Mr. Mullen is the public face/alter ego of the Registrant and has a pattern of abusive registrations.