Thursday, July 19, 2012

#192 - and - Complaint dismissed

The Complainant failed to establish its case and the panelist therefore dismissed the Complaint.
The registrant (Michel-Ange Romelus (per CIRA)) responded to the Complaint. Inc. and are companies incorporated pursuant to the laws of the Province of Ontario.  Their sole owner and operator is Gregg Dalrymple. In November 2010, the Complainant provided the funds to its IT Manager, Ross Sullivan to develop its websites under the and domains. In 2011, Ross Sullivan left the Complainant’s company and transferred the Domain Names to the Registrant.  On February 3, 2012, the Complainant received an anonymous e-mail that the Domain Names would be re-directed away from the Complainant’s website.  The Registrant is not a competitor of the Complainant, and has been paying the renewal fees and other costs associated with the Domain Names since their acquisition. The Complainant failed to prove the Domain Names were registered in bad faith, in part due to the confusion surrounding Ross Sullivan’s role as IT Manager and whether he had a more active business role with the Complainant prior to his departure.   

Read the decision here.

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