The Complainant did not establish its case and the panelist therefore dismissed the jobrapido.ca Complaint.
The registrant (Jonathan Langue) did not respond to the Complaint. The Complainant filed its trade-mark application on March 9, 2009 based on a previously registered trade-mark in Italy. The Declaration of Use was filed on August 17, 2011 and the mark registered that same day. The Domain Name (jobrapido.ca) was registered on March 13, 2011. The panelist found that the Complainant cannot rely on this registered mark to establish its case because the Domain Name was registered approximately 5 months earlier. A quick visit to the ‘jobrapido.com’ website shows the Complainant’s website was created in 2005, but there was no evidence provided in the Complaint as to when the Complainant’s ‘ca.jobrapido.com’ became active or whether the mark was in use prior to the declaration of use filing date. This case acts as a reminder of the importance of dates when establishing rights in a mark prior to the registration of a domain name.
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