Thursday, May 3, 2012
CDRP SUMMARY #187 - Forest Laboratories Canada Inc. v. Netnic Corporation (Complaint dismissed)
The registrant (Netnic Corporation) responded to the Complaint. The Complainant filed a trade-mark application on December 14, 2009. The domain names (forestlaboratories.ca and forestlabs.ca) were registered on October 1, 2011. The panelists found that the Complainant did not establish its rights in the FOREST LABORATORIES mark prior to the date the domain names were registered. The panelists found that a certificate of incorporation of the Complainant, screen shots of the parent company's UK subsidiary, press releases, attendees list, and packaging showing drugs apparently sold in Canada by the subsidiary were insufficient evidence to conclude the FOREST LABORATORIES mark was "used" such that the Complainant had rights in the mark.