The Complainant did not establish its case and the panelist therefore dismissed the petdepot.ca complaint.
The registrant (Anna Sparkles) did not respond to the Complaint. The Complainant registered its PET DEPOT trade-mark in Canada in 2009. The Domain Name was registered on May 27, 2004. The Panellist commented that there was no evidence submitted to support the Complainant`s position that it used the PET DEPOT trade-mark in Canada prior to May 27, 2004 (but for bald allegations in the complaint, which were given little or no weight). The Complainant conceded that the Registrant had used the petdepot.ca Domain Name, conducted business and made sales between 2004 and 2010. The Complainant therefore failed to register (or even file) its trade-mark prior to the Registrant`s potentially legitimate and rightful use of the petdepot.ca Domain Name.
You can read the decision here.