Tuesday, April 3, 2012

CDRP SUMMARY #182 - General Motors LLC v. Tony Wilson

The Complainant established its case and the panelist therefore directed the transfer of cadillacxts.ca to the Complainant. The registrant (Tony Wilson) did not respond to the Complaint. General Motors LLC has numerous trade-marks registered and applied for in Canada, including CADILLAC (registered) and CADILLAC XTS (applied for). The Domain Name was not being hosted on any server and therefore did not resolve to any active website. Despite not actively using the Domain Name, the panelist found that the Registrant chose to adopt the Domain Name where the prominent component was the world-famous CADILLAC trade-mark in itself an indication that the Registrant is intentionally attempting to attract, for commercial gain, the attention of Internet users. This section 3.5(d) analysis will assist rights-holders when proceeding against Registrants with inactive Domain Names. 

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